<<

The SPECIAL REPORT CONSTITUENCY DEVELOPMENT Enhancing governance for all FUND ACT 2013 Link — Pages 16 - 17 JUNE 2013 Issue No. 101 Kshs 40/=

ON OTHER PAGES

Versities receive a major Varsity students urged Lack on public land stalls Africa likely to miss boost from Canada for to monitor Constitution development in out on realization research —Pg. 4 implementation —Pg. 8 County —Pg. 23 of MDGs —Back Page CDF under devolved Govt Questions still abound on whether the Constituency Development Fund (CDF) should remain under The“ CDF Act requires implementation by ‘assistance of the relevant depart- the devolved system of ment of government’ and all payments government. made through and ‘in accordance with government regulations for the time FULL STORY PAGE 2 being in force’’’ EAC member states in support of a monetary union

By LINK CORRESPONDENT The (EAC) African communities and discussing so- Barriers and other impediments have is the regional intergovernmental or- lutions to overcome them as states. greatly reduced the benefits that we THE 11th summit of head of states of ganisation of the Republics of Burundi, President being new should already be enjoying,” President the East African community was held , Rwanda, the United Republic of in the summit was welcomed by the Kenyatta said. last month in Arusha. The summit was Tanzania, and the Republic of Uganda, member states. He promised to work In this regard, President Uhuru Keny- chaired by president Yoweri Kaguta Mu- with its headquarters in Arusha, Tanza- with the EAC to ensure there is quicken- atta said that his Government’s priority seveni of the Republic of Uganda, who nia. It was formed to advocate for a pros- ing of the pace of integration of East Af- is to work with all the East African Com- called for the council of ministers to ex- perous, competitive, secure, stable and rican region by removing the obstacles munity member states towards eliminat- pedite negotiations on the protocol for politically united Africa. that slow down the process. ing those barriers so that there can be the establishment of the monetary union The summit is held every year to re- “Our people still experience unnec- free movement throughout the region. which will be of benefit to the partner view the activities of the integration and essary complications in achieving the states. also to discuss issues affecting the East ideals of a Common Market. Non-Tariff 8 Turn to Page 2 Col. 1 The Link, June 2013 2 GOVERNANCE Role of CDF under devolved government By LINK CORRESPONDENT riuki Karue offers an entertaining to take it up. society assessment has produced lease of information on the CDF. and anecdotal account of his life Since its inception, the CDF clear evidence of inefficiency, The Ministry of Planning, for QUESTIONS still abound on as a legislator, and ably justifies the has provided Ksh115 billion misuse or utter theft of the public instance, did not release the find- whether the Constituency Devel- establishment of the fund in 2004. for development and more than funds with little response from the ings of a 2009 CDF review until opment Fund (CDF) should re- Directed at local infrastruc- 48,000 projects have been funded parties involved. late last year, just a few months main under the devolved system ture development, CDF meant in all corners of the country. The National Tax Payers Asso- before Parliament secretly passed of government. that MPs would no longer have to That success has, however, ciation and The Institute for Social the CDF Act 2013. Adopted from India, the Ken- beg the government to finance the not prevented civil society groups Accountability have published nu- The passage of the Constitu- yan model has served to further building of local schools, commu- from pointing out the weaknesses merous reports demonstrating that tion in 2010 heralds a new para- popularise the fund across the nity water projects, dispensaries, of the fund, starting from its clear at the centre of these widespread digm in governance and the ques- world and a 2010 International access roads, and agricultural pro- breach of the doctrine of separa- irregularities is the undemocratic tion that citizens must deal with is Budget Partnership report cites duce processing plants. tion of powers. structure of the CDF. whether Parliament responded to South Sudan, the Philippines, By the fifth year of its exist- As early as 2004, the Youth Challenges in the use of funds the requirements of the Constitu- Honduras, Nepal, Pakistan, Jamai- ence, the CDF had become so Agenda, an NGO, filed a lawsuit have also been documented by tion in the revised Act. ca, Solomon Islands, Tanzania, popular that Graca Machel lead- challenging the legality of the state agencies such as the Kenya Article 202(2) of the Constitu- Malawi, Namibia, Zambia, Ugan- ing the The New Partnership for fund. Muslims for Human Rights Institute for Public Policy Re- tion provides that county govern- da, , Malaysia, as countries Africa’s Development’s (Nepad) filed a similar suit in 2009 without search and Analysis and the Na- ments may be given additional that are set to adopt one form of African Peer Review Mechanism success. tional Anti-Corruption Steering allocations from the national gov- CDF or other. described it as one of the conti- The truth is that despite the Campaign. ernment’s share of the revenue, In his 2009 book, An MP’s Di- nent’s best development initiatives accolades it has received, all has There have also been high lev- either conditionally or uncondi- ary, the architect of the fund Mu- and urged other African counties not been well with the CDF. Civil els of intransigence with the re- tionally. EAC member states in support of a monetary union From page 1 ment of the region depends on “Our continent is ready to its ability to trade, saying it is take-off and East Africa will be not just a question of lowering the engine that gives momen- tariffs but also of improving tum to Africa’s potential. We the physical capacity to deliver have an opportunity to trans- prosperity and the links between form our nations and build our EAC countries. own shared future together. The “We must push forward with Government and the people of major infrastructure projects Kenya are looking forward to such as ports, water ways, rail working with each one of you network, roads and energy as in fulfilling that task,” the Presi- part of a wider regional partner- dent said. ship rather than just as individ- Despite that, he also appreci- ual state projects,” the President ated the EAC for implementing said. the customs union and common In this connection, President market protocols, though he Kenyatta underscored the need expressed that he had noticed for EAC countries to work to- that the community had not yet gether to promote the region achieved the level of free move- and the resources that they ment of its citizen and by work- share around the world to at- ing with the EAC he will ensure tract new investments to grow that this is achieved. their economies. The President also empha- He added that the region sized that the future develop- should join hands in better man- Presidents Uhuru Kenyatta (Kenya), Tanzania’s Jakaya Kikwete, Uganda’s Yoweri Museveni and Burundi’s Pierre Nkurunzinza follow proceedings of the 11th Extra-ordinary Summit of the East African Community (EAC) held in Arusha, Tanzania. aging its resources including He further explained that the oil, gas, wildlife and landscape, member states have to pull their saying what happens in one na- resources together especially in tion impacts on all of them. the development of the human He concluded by stating that resource in order to ensure that Africa has a chance to redefine the region realizes faster devel- itself since African nations are opment in the various sectors. faced with the opportunity of President Museveni also being equal actors in the world maintained that the EAC is not stage and are able to partner only for economic growth but with any state or region since also for political integration that they are guided by principles needs to be enhanced in the re- and belief. gion. The summit further observed In conclution, the EAC Sec- that the EAC partner States retary General Dr. Richard Sez- should use the recently dis- ibera Added that the region has covered oil and gas resources a lot of potential in the develop- for the benefit of the people of ment in various fields. region and called for a meet- The Summit,was attended ing of all stakeholders to share by Presidents Uhuru Kenyatta experiences and agree on best of Kenya, Jakaya Mrisho Kik- practices. wete of Tanzania, Uganda’s Speaking during the Sum- Yoweri Museveni ,President mit the EAC Chairman Presi- Pierre Nkurunziza of Burundi dent Yoweri Kaguta Museveni and Prime Minister Dr. Pierre observed that the region is en- Damien Habumuremyi of dowed with a lot of natural re- Rwanda was held at the Ngur- President Uhuru Kenyatta addressing the 11th Extra-ordinary East African Community Summit in Arusha, sources that need to be fully ex- doto Mountain Lodge in Aru- Tanzania. This is his first address at the EAC as President. ploited for faster development. sha, Tanzania. The Link, June 2013 EDUCATION 3 Education tops Train teachers on IT, Govt urged list in Ganze By JOSEPH MUKUBWA op Gatimu Ngandu Girls in Nyeri ‘Enhancing Performance in Our tary Julius Taitumu and his Nyeri County during the primary head Schools.’ The conference was counterpart Mutahi Kahiga. MP’s agenda ABOUT 80 per cent of primary teachers two- day - conference. opened by Meru county governor Karinga added that the allow- school teachers in the country are Over 800 head teachers from . ances the teachers are demand- By BEKADZO TONDO computer illiterate. Meru County attended the con- Others present were Meru ing should also be factored in the GANZE MP Peter Shehe Kenya National Union of ference. This year’s theme was KNUT branch executive secre- forthcoming budget. Teachers therefore says most of has offered to support six the teachers including the head students who score grade teachers are un educated of the A in their Kenya Certificate computers and so need to be of Secondary Education trained before the coming of the (KCSE) to study abroad. laptops next year. Mr Shehe said leaders in National Executive Council the area need to put their member Karinga Munuhe said heads together and assist over Ksh 800 million is needed in children acquire higher and order to train the teachers and the quality education. head teachers on how to use the He blamed the high pov- computers and laptops. erty levels in the area to “As we wait for the laptops the low literacy levels and next year, we need to be trained promised to address the is- on how to use the laptops and sue. teach the pupils since many of The legislator said six them lack the know-how. Many of children who manage to the teachers mostly from the rural score grade A will be spon- areas have little knowledge on the sored to undertake courses use of these computers,” he said. of their choice in Switzer- Karinga added that security land each year. also needs to be beefed up in the He said students who opt learning institution and so more to join local public univer- guards needs to be hired. sities will be assisted with The council member who is bursaries from the CDF also the KNUT Nyeri branch bursary kit. chairman said that most of the Also to be assisted are school guards are paid less than those who join tertiary in- Ksh 5,000 per month which is stitutions to train in medi- peanuts and so they also need to cine among other courses. From right Nyeri County branch KNUT chairman Karinga Munuhe, Meru KNUT branch executive secretary He made the remarks be paid well. Julius Taitumu and his Nyeri counterpart Mutahi Kahiga at Bishop Gatimu Ngandu Girls in Nyeri County during Karinga was speaking at Bish- the head teacher’s conference. Photo/Joseph Wambugu when he addressed stu- dents, parents and teachers of Bale secondary school during a prize giving cer- KNEC put to task over new rules on exam registration emony at the school. Mr shehe who has been By BOB OMBATI was likely to affect the on-going know they would not be barred. ondary schools to declare their working is Switzerland for registration for O-Level candi- “ If the policy is implement- stand on the policy instead of many years captured the EDUCATION stakeholders are dates set to end in June, stress- ed, Day schools will perform keeping members of the pub- Ganze parliamentary seat poised for a gruelling battle with ing it would create confusion as dismally due to truancy and in- lic in darkness, stressing they during the recently con- the Kenya National Examina- school Heads would be required discipline. The policy should be should protect the interest of cluded general elections. tion council’s policy to have next to handle registrations for this reviewed by stakeholders and school children for posterity. He said that education year’s Kenya Certificate of -Pri year and next year. fine tuned to seal loopholes to He asked the Examination was critical to address the mary and Kenya Certificate of Onchoke told The Link in be learner friendly” said On- Council to halt the policy to pave grinding poverty in the con- Secondary school Examination Kisii the registration would af- choke. way for consultations among stituency and thus must be candidates register in July this fect impoverished parents who Onchoke observed that if next stakeholders, whom, he noted accorded the necessary sup- year. were still looking for funds to year’s KCPE and KCSE candi- would be involved in its imple- port. Kisii County Kenya Second- register their children for KCSE, dates were registered this year, it mentation if passed. Mr Shehe said apart from ary Schools Heads Associa- noting, it would stress and bur- would affect those who fail this Form Three and standard sev- using the CDF funds to pro- tion (KESSHA) officials have den them. year’s examinations and would en children opposed the policy, mote education standards in opposed the move, saying the The official noted that last like to repeat in form three, say- saying they would not be forced the area, he will solicit for Council never consulted stake- year, some school heads were ing, it would waste their time and to register this year, saying were donor support to ensure that holders. forced to send photos for KCSE money. unprepared and it would create all needy students access The County’s Chairman, candidates after registration, say- The official said that those unnecessary anxiety and lead to education. Jairus Onchoke says they were ing the process was tedious and who fail to make it Colleges or failure in the examinations. The MP at the same time shocked with KNCE’ circular re- takes much time to complete. Universities and want to repeat The children, who preferred urged secondary school leased in April requiring school He observed the policy was will be forced to repeat in form not to be named said they lacked principals in the area to Heads to register the candidates, likely to affect the education for three, saying it would prolong birth Certificates, the process retain students who fail to saying the Council had am- the girl-child especially in Day their stay in schools, discourage was long and it would lead to pay school fees as sending bushed them. secondary schools and lead to and lead to massive drop outs. competition between them and children home due to none Onchoke, flanked by his massive drop outs as some girls Choice of careers, stated the this year’s candidates by feeling payment of school fees had Secretary, Pamela Maina and would register, go for trial mar- official would also be affected as they were at par with them. contributed to high drop Treasurer, James Ponti said it riages and resume during the ex- candidates will not have enough Some parents interviewed out of bright students in the was unfair for the Council to amination time. time to choose careers to match said it would be difficult for par- area. make unilateral decisions with- Indiscipline, noted Onchoke their favourite subjects, stressing ents with children in standard He told the principals to out hearing views of other stake- would be rampant in Day sec- candidates should not be hurried eight, form three and four to reg- instead compile a list of all holders tasked with implement- ondary schools as the candidates to choose careers and mess up. ister them, saying it was expen- needy students to enable ing the policy. will register, mess, stay at home Onchoke urged teachers un- sive and majority of the parents him solicit for funds to pay The move, noted Onchoke and return to do exams since they ion officials in primary and sec- were poor. their fees. “Principals who send home children due to none “If the policy is implemented, Day schools will perform dismally payment of school fees are to blame for the high drop- out rates and the only way due to truancy and indiscipline. The policy should be reviewed by is to allow them to continue with learning as means to stakeholders and fine tuned to seal loopholes to be learner friendly” clear their fees are found,” said Mr Shehe. The Link, June 2013 4 EDUCATION Varsities receive a major boost from Canada for research By HENRY OWINO plemented and sails through, various tries. move and said there is need to devel- tion as a foundation upon which the organizations have been appointed to “Canada is conscious and con- op appropriate action to counter these three pillars of the Kenya Vision 2030 PUBLIC universities in Kenya are provide advisory and oversight role. vinced of the important role that sci- challenges through intensified re- rests”. PS added. set to receive funding for research, For instance; Advisory Committee ence, technology and innovation play search and application of new frontier He said launch of the University science, technology and innovation drawn from the academia (universi- in the development of societies. In- science and engineering knowledge. Research Chairs Program is yet an- activities. The funds will oversee long ties), industry (private sector), gov- vesting in developing countries to im- The PS said the government is other milestone for the Ministry in en- term development in recognition of ernment thus NACOSTI, donors and prove people’s lives is the right thing keen in supporting science research hancing research capacity in local uni- Vision 2030 results. non-governmental organizations to do, Angell emphasized. It is also an and technology and for this reason it versities and thereby strengthening the The funding is a joint initiative Another independent peer review investment in our shared future pros- has committed to provide up to two role of those institutions in the national by the National Commission for Sci- panel will review submitted proposal perity. A more developed and equita- percent of GDP to research and de- innovation system. “The programme ence and Technology (NACOSTI) in against a set criteria and guidelines ble world is in everyone’s interest. It velopment as provided for in the Sci- is envisaged to provide conducive en- collaboration with Canada’s Interna- and then recommend proposals to means having highly-skilled partners ence and Technology Act of 2013. vironment that facilitates research and tional Development Research Cen- be considered for funding. Research with whom we can collaborate, trade He stated this will go together with a innovation within our universities by tre (IDRI). The initiative launched Chair is in charge of the implemen- and innovate. That benefits both Af- number of financial and legal instru- providing better remuneration, mod- dubbed University Research Chairs tation of the programme and will be rican economies and those in the rest ments provided for through instituting ern research equipment and research Program (URCP) targets all local pub- expected to develop proposals, imple- of the world, including Canada.” He universities Act 2012, the Technical funding,” Prof Kiamba noted. lic universities. The program seeks to ment the projects and write timely re- added. Vocational Education and Training The PS was glad for the first phase play a more active role in Kenya’s so- ports. There is programme secretariat The Canadian High Commission- (TVET) Act 2013, and the Science of the programme on Health Systems cial-economic development through whose role is to manage the RC pro- er assured Kenyans that the govern- Technology and Innovation Act 2013. and Agriculture, saying he was hopeful interaction with industry and a wide gramme with assistance of technical ment of Canada is committed in this “The Ministry of Education, Sci- that the industry will take up the oppor- range of social actors in the country. staff with its Chief Executive Officer. course of innovative partnering with ence and Technology realizes that sci- tunity to work closely with and obtain The program will begin with two Speaking during the launch of Africa rather than providing aid. In ence, research and technology activi- new knowledge from the universities Research Chairs focusing on Agricul- the initiative in , David Ang- addition, he said Canada’s contribu- ties can succeed through strengthened to improve on their processes and pro- tural Biotechnology and Health Sys- ell, Canadian High Commissioner to tion to the Research Chair initiative is participation of private sector. For this duce internationally competitive prod- tems which will be piloted in the initial Kenya said Science and technology not only consistent with this approach reason there has been renewed inter- ucts. “The ST&I grant has grown from five-year phase. The first two sectors has increasingly become the corner- but is emblematic. est within the policy-making bodies in a modest figure of 260 million in 2008 chosen are of strategic importance to stone for development in Africa and “In 2008, Liberian President El- strengthening government university- to 401 million in the current Financial Kenya’s development agenda. beyond. He said Abuja Treaty of 1991 len Johnson Sirleaf told delegates at industry linkages,” Prof Kiamba said. Year. This grant is meant to support It is expected to grow progressive- marked the onset of political attempts the Science in Africa summit that: No He pointed out that government scientific research and technological ly to cover other priority sectors in the by African governments to main- country on earth has developed with- and universities are therefore increas- innovation by funding ST &I priority subsequent years. These disciplines stream science technology and inno- out deploying, harnessing and utiliz- ingly expected to create direct rel- areas in relation to the national devel- include; Nuclear Science, Material vation in the continent’s development ing science and technology, whether evance to society through engagement opment agenda as envisioned in Vision Science, Nanotechnology, Renewable policies and actions. through technology transfer or home- with communities in which they are 2030,”he explained. energy, Marine Science and Space Angell said since then, other Pan grown solutions.” Angell said. located and support industry to pro- Prof Cripus Kiamba alluded: “I Science. African initiatives have emerged in- Prof Crispus Kiamba, the Perma- duce competitive products and assist glad that the NACOSTI and IDRC The overarching goal of this pro- cluding the AU’s science and technol- nent Secretary, Ministry of Education in creating wealth and employment. have partnered to work together in the gram is to contribute towards Kenya’s ogy Consolidated Plan of Action of Science and Technology said the need “The Research Chairs programs realization of the University Research social and economic development by 2007, NEPAD’s creation of dedicated for science, research and technology will contribute towards Kenya’s so- Chairs Program. It is important to note strengthening the role of universities units dealing with science and tech- is even becoming more essential in to- cial and economic development by that while the pilot phase of this pro- in the country’s national innovation nology. Angell reveled that Canada’s day’s life due to reduced food output strengthening the role of universities gram will focus initially on the two system. Agricultural biotechnology is IDRC is one of the key pillars for Can- and the devastating effects of climate in the country’s national innovation areas-Health System and Agriculture, chosen because of its potential to avail ada’s foreign assistance, is committed change. Prof Kiamba explained that it system and help in the realization there is an elaborate plan of extending sufficient, safe and nutritious food, to innovative research initiatives in is no longer possible to carry agricul- of the national development goals this program to other areas including and thus can help to address the wide- Africa, Asia and Latin America. He tural activities as it used to be done in as envisaged in Kenya Vision 2030 but not limited to Nuclear Science, spread food insecurity in the country. explained the assistance aims to find the past due to emerging crop diseases and Millennium Development Goals Material Science, Nanotechnology, Better health outcomes are closely appropriate and viable solutions to and unreliable prediction of the plant- (MDGs), Prof Kiamba observed. In- Renewable Energy, Marine Science related to wealth generation, increase challenges facing developing coun- ing season. He therefore supported the deed Science, technology and Innova- and Space Science”. in productivity, lower spending on health and could free resources for development expenditure. This would also create more job opportunities to the youth instead of seeking for em- ployment after completing studies. There are a number of expected outcomes and benefits to participat- ing universities such as: enhanced research capacities; improved re- search and innovation infrastructure; attraction and retention of top-notch researchers in the local universities; enhanced mentorship programmes and bridging of inter-generational gap between older and younger scientists/ researchers; more young scientists/re- searchers attracted to agri-biotech and health. It is also aimed to help in strength- ening collaborative linkages with universities and industries leading to support for research programmes at the universities. Another benefit is that it would encourage and increase staff exchange, placements and internships between industry and universities. Commission technical staff will have developed the necessary capacity to design and implement the Research Chairs programme. To ensure this programme is im- University of Nairbi, main Campus. Photo/File Education sector receives lions share in Kwale County By BRIGHTON KAZUNGU “The allocation is meant to ensure attended a leadership and manage- Matuga District. During the cere- of commissioners to accord the sec- that the county does not lag behind ment course. He stressed the impor- mony, county education heads asked tor the importance it deserves. At KWALE County has earmarked in education matters and thus we are tance of a strong foundation in the the government to employ graduate the same time, the governor asked Ksh.300 million to oversee projects according priority to building of per- development of a child’s education. teachers specialized in early child- the government to allow counties in the education sector in the next manent pre-schools, employing of Mr. Mvurya said the first two hood education. to build more roads to spur regional financial year. Governor Salim ECD teachers and have a sustainable programmes had already been budg- Kenya Union of Post-Primary development. Mr. Mvurya said his Mvurya said a large percentage of scholarship for young children and eted for in the next financial year. He Education Teachers, Kwale County county government had budgeted the money would go towards build- university students,” he said. promised to seek more support from executive secretary Mackenzie Tuki for Kshs.3.6 billion for its projects ing nursery schools and hiring early The governor spoke recently development partners. The governor said the government had neglected and the Kshs.3.1 billion the Treas- childhood development (ECD) during a graduation ceremony for also pledged to support the develop- early childhood education. ury has allocated them would not be teachers. school heads from the county who ment of an ECD training centre in He called for urgent recruitment enough. The Link, June 2013 5 EDUCATION Bursary kitty in Taita Taveta Schools in Kisii, Nyamira counties County receives a major boost benefit from textbook donations By BOB OMBATI dwindling education standards and Books to Kisii University and we which shaped their lives. Schools By BRIGHTON KAZUNGU performance of national exams in are still supporting the institutions,” which have been performing poor- NEEDY students from Taita Taveta AN American-based Non Govern- Gusii region and wanted to reverse stated Maronga. He said the Or- ly in national examinations, noted County have received a major re- mental Organization has donated the trend. ganization had donated Law Books Maronga were given first priority, prieve following an allocation of text books to schools in Kisii and Maronga, who is a Senior lec- to Kisii University, which, he noted stressing the project would be rolled Ksh.100 million to a revolving bur- Nyamira counties in a bid to boost turer at Kisii University, said that un- was partnering with the University out to include all schools in the two sary kitty established in the county. their education standards, perform- der the initiative, over 20,000 books of Minnesota in areas of Research counties. He said the Organization Half of the amount will be dis- ance in local and national examina- will be disbursed to 34 schools in the and Extension, Agriculture and was also paying school fees for bursed to needy students who have tions and enhance a reading culture. two counties, adding that each school Law. The coordinator noted the three orphans in the county, adding passed KCPE to proceed to second- Minnesota Kenyans Interna- will recieve 10 boxes of books and two universities have started staff that they will explore ways to look ary schools of their choice through tional Development Association other learning materials for Early and students exchange programme, for more funds to aid more bright a bursary system while the rest will (MKIDA) country coordinator, Dr Childhood Development. MKIDA adding Minnesota University will and orphaned children from impov- be issued through a loan system. Elijah Maronga said the organisa- stated the coordinator has donated deploy four law professors to teach erished families. Governor John Mruttu said the tion sourced for funds and bought over 60,000 books to various learn- at Kisii University as volunteers to Kisii County Governor James county would create a loan facility the books to benefit learners in the ing institutions over the last three strengthen the collaboration. Ongwae who was present at the cer- for the needy students without col- two counties and the recently el- years since the project was initiated The organization, asserted emony commended Kenyans in the lege fees similar to the Higher Edu- evated Kisii University. and challenged other well-wishers to Maronga had disbursed 200 boxes US for the support and urged them cation Loans Board (Helb). Speaking during a ceremony support education in the area. of books to Kisii university, saying to invest in the county to boost its The Governor said the mon- held at the Nyabururu church “We donated 22,000 books in they will continue to equip the insti- social, economic and cultural devel- ey was factored in the country’s grounds, Maronga said US- based 2011, 18,000 last year and over tution and other schools with books opment, saying the county would 2013/2014 Financial Year. “In the Kenyans were concerned with the 20,000 this year. We donated Law to give back to the community formulate investment policies to next financial year’s budget, we woo more investors the area. “I urge have set aside Kshs.50 million bur- Kenyans abroad to take advantage sary for students proceeding to high of the devolved system of govern- school,” he said. ment and invest at home so that they Speaking to journalists from can create jobs to alleviate poverty,” his office recently, the Govenor re- said Ongwae, noting the county had vealed that a total of Ksh.50 million developed a strategic plan to guide will be set aside to enable parents its development. can borrow from. The Governor, accompanied by Meanwhile, two senators have Nyamira County Deputy Governor, urged the government to make Amos Nyaribo said education stake- public the findings of Tana Delta holders plan to equip schools with killings so that the Senate can use the necessary infrastructure to help the information in recommending students perform well in national ways to find a lasting solution to examinations. the violence in the area. He said he had constituted a The findings would help the co- ten- member County Executive hesion and security teams come up Committee comprising of highly with a lasting solution, according qualified and competent committee to Majority Chief Whip Beatrice members to head various ministries Elachi and Legislation Committee to jump start the county’s develop- chairperson Mvita Mshenga who ment. Kenyans in the diaspora, not- spoke in Malindi recently. ed Ongwae were playing a big role “We believe Lady Justice Grace in enhancing the county’s social and Nzioka’s report can assist the Sen- educational development, adding ate’s cohesion team to formulate they remitted billions of shillings to ways and means of resolving the the county annually for various de- impasse between the warring com- velopment projects. munities,” Ms. Elachi said. Teachers who received the According to her, women and books on behalf of their schools girls bear the brunt of the violence lauded MKIDA for the initiative whenever it erupts in Tana River and pledged to support learners and County. Some 187 people have embrace the reading culture to en- been killed since the clashes started hance good performance in national in the area last August. Set of textbooks. Photo/File examinations. Govt urged to use schools to drive vision 2030 By LINK CORRESPONDENT on national policies to fit in the that majority of youths, especially hopes of the candidates but they dividuals are driven by malice system after graduation. students were blindly following never succeeded. and are unhappy with the good THE government and civil so- The Principal, who addressed them. Rogena, accompanied by results posted by the school ciety organizations have been parents and students during a The Principal at the same time Nyabururu parish priest, Law- since 2011. Kisii catholic dio- urged to sensitize students on thanks giving mass challenged said the school had registered re- rence Mandere and his Nyamagwa cese’s Education Secretary, the much hyped vision 2030 to students to embrace moral and markable improvement and cited counterpart, Christopher Okemwa Christopher Osinde lauded the enable them contribute towards spiritual values. the 8.6 mean score posted during noted Catholic sponsored government for introducing lap its achievement and hasten the She told them to be role mod- the last year’s KCSE results com- schools prepared candidates well tops for standard one pupils country’s social, cultural and els and comply with constitution’s pared to 8.3 in the previous year. for the national examination, add- and urged parents to embrace economic development. chapter six on integrity, stressing Mrs Ochenge observed that ing that they were bound to pass the policy, saying it would help The Principal of Nyabururu that besides their high academic 251 candidates who sat for last without any assistance. the country advance in technol- Girls National School in Kisii qualifications, they should guard year’s KCSE attained C plus and The Chairman commended ogy. County, Elmelda Ochenge, against committing crimes which above while 8 scored Grade C the Kenya National Examination Osinde implored second- says it is imperative for schools could hamper their chances of plain, adding that 121 will join Council ( KNEC) for investigat- ary School Heads in Kisii and and tertiary institutions to in- securing top national and County universities under Joint Admis- ing the allegations of malpractices Nyamira counties to stock cop- culcate among the students, jobs. “Only people of integrity sion Programme ( JAB) while 115 and giving the school a clean bill ies of Child Protection Act, Ba- the principles espoused in the can get top government jobs. You will join universities under paral- of health by releasing the results, sic Education Act and Devolu- vision. should be part of the beneficiar- lel programme. noting the council had ashamed tion in their schools’ libraries The country, states Ochenge ies by embracing high discipline,” The school’s board of Gov- the devil. for learners and teachers to has embraced devolved system stated Ochenge. ernors Chairman, Father Dennis He blamed the mix-up on in- read and be conversant with of government and it is neces- Incompatible Western cultures, Rogena said some people had at- dividuals who he claimed are out the new developmnets to avoid sary for learners at Colleges noted Mrs Ochenge had eroded tempted to have the examinations to malign the name of Principal so conflicts with relevant authori- and universities to be oriented the society’s moral fabric, adding results cancelled and dash the that they can take over. “This in- ties. The Link, June 2013 6 GOVERNANCE Amended CDF Act guarantees and should thus be amended. He says Act undermine the Con- stitution and in particular the de- volved government. public participation “The 2013 Act provides for the establishment of the CDF Commit- By HENRY OWINO tee by the MP within the first forty days of being sworn in. The MP shall THE public will now actively partici- convene open public meetings of reg- pate in the election of membership of istered voters in each of the elective the Constituency Development Fund wards in the constituency. Each ward (CDF) committees in a complete de- shall then elect five persons whose parture from tradition where MPs names shall be forwarded to the offic- wielded immense powers in the man- er of the Board in the constituency,” agement of the kitty. Kubebea explained. The MPs only retains an oversight Kubebea further explains that role that includes mobilizing commu- upon receiving the names from all the nity members to decide on projects wards in the constituency, the MPs on priority basis and coordinating the in consultation with the officer of the election of committees. This means Board and the sub county adminis- that the MP can no longer allocate trator for the constituency, appoints projects to reward their cronies and eight persons to the Board, taking into none can make decisions arbitrarily account the geographical diversity regarding usage of funds. within the constituency, communal, The amended CDF Act, 2013 di- religious, social and cultural interests rects MPs to convene open public in the constituency and the require- meetings of registered voters in their ment of gender, youth and representa- constituencies in each of the elective tion of persons with disabilities. wards to facilitate the election proc- By defining these groups, the Act ess. According to the Act, the com- encourages representation of various mittee comprises of a maximum 10 interests in the management of the af- members, half of which are to be fairs of the fund. elected by the public. The pitfall in the 2013 Act remains The Act stipulates that the commit- that the MP still retains the power to tee comprises of three men and three Parliament Buildings where MPs wield immense powers. The MP can no longer allocate projects to appoint the committee members. Of- women with one man and one woman reward their cronies and none can make decisions arbitrarily regarding usage of funds. ten, political cronies were rewarded each being a youth between 18 and 35 trons of the fund and largely used it as committed to use an allocation formu- henceforth sits on the committee as through these appointments and there years. The appointment should also a political tool to reward their cronies la to distribute the development funds ex-officio member but with voting is likelihood they will still find their consider issues such as communal, re- and channel resources in their politi- such that the government may not powers. way into the committee under the cur- ligious, social and cultural interests in cal strongholds. They imposed lead- renege its obligation as happened in “As much as MPs do not have rent framework. the constituency and the requirements ers of their choice to the electorate previous decentralization programs. direct mandate to elect CDF commit- According to the National Tax- of gender, youth and representation of most of who were their family mem- According to the National Taxpay- tees members this time round, citizen payers Association’s (NTA) social au- persons with disability. bers, relatives if not close friends. ers Association (NTA) chairman, Pe- should not sit back and watch but ac- dits, there was widespread bias with Upon receiving the names from CDF was established through the ter Kubebea, the administration of the tively participate in the elections since members drawn predominantly from all the wards, the MP in consultation Constituencies Development Fund fund has now been effectively trans- MPs might have great influence over the MPs location within the constitu- with the fund account manager and Act, 2003 as amended in 2007 with ferred to a board official who will act who are elected,” Kubebea cautioned. ency, leading to biased distribution the sub county administrator for the the goal of fighting poverty at the as the Authority to Incur Expenditure The NTA national chairman said of development projects. This is why constituency is to appoint eight per- grassroots level. (AIE) holder and be accountable for the contention previously has been citizen participation is recommended sons to the committee taking into ac- Constituencies received 2.5% of any loss or embezzlement of money. that MPs cannot be expected to for- for any new project initiative. count the geographical diversity with the Government annual ordinary rev- Kubebea stated that this new Act mulate laws while exercising execu- “Through participation of citizen, the Constituency. Already most com- enue, besides monies received from further reduces the number of CDF tive powers through CDF. priorities could be looked at in terms mittees are in place and will soon as- other sources by the CDF Board. Committee members down to 10 The Commission for Implementa- of immediate and long term priorities sume their new roles in the monitor- The CDF fund was first distributed from 15, while at the same time pro- tion of the Constitution (CIC) chair- and then submitted to Parliament for ing and implementation of projects. equally among the 210 constituencies viding for citizens to nominate who man Charles Nyachae however says approval and allocation of funding,” Initially, the MPs served as pa- but since 2004 the central government sits in the CDF committees. The MP the Act contravenes the constitution affirms Kubebea. Farmers field schools transform livelihoods By LUKE KAPCHANGA help them understand the ecology of caused by over-use of fertilizers. The one third and a quarter of Africa s small holder farmers is a perennial their fields. These activities involve field school increases collaboration Gross Domestic Product (GDP), but problem which is magnified by the MOST of the women in farmers simple experiments, regular field ob- by different actors who work towards employs 65 – 75 % of the labor force. young people . field schools in Kenya are now food servations and group analysis. benefiting farmers, be it government The gap in labor productivity be- The report Employment in Agri- secure. They say, by being members The knowledge gained from these ministries, international agencies and tween the non – farming and farming culture says, farming risks and costs of Farmers field schools, yields from activities enables participants to come Non- Governmental Organizations. sector on the order of two to one ordi- remain high despite innovations to their small farms has increased sig- up with solutions tailored for their According to Japheth Wekesa, the narily draws people out of agriculture overcome the barriers and achieve nificantly. The case in point is that of needs on crop management practices. trainer at the field school, the collabo- and into other sectors. sustainable outreach to small hold- Margret Wanyonyi 62, of Ngwelo vil- Facilitation is by extension work- ration has resulted in mostly women The World Bank projects the in- ers. As estimates put nearly 1 billion lage in Bungoma County. ers or skilled farmers, who employ being provided with seeds and ferti- crease of value for food on domestic people worldwide , who are affected Ms. Wanyonyi, a widow, proudly non-formal education methods, the lizers, while they provide land and markets in Africa from US Dollars by severe hunger and poverty , many proclaims that, “I cannot buy food field is used as the primary resource labor. The initiative makes it possible 313billion in 2010 to US Dollars I relying on small plots for their food anymore because for the past two for discovery-based learning. for farmers to prepare early for the trillion in 2030. In Nyeri south district and income. years since I joined the field school, The FFS Trainers play a crucial planting season, knowing in advance , youth were said to have a negative Most of the poor families barely crop yields on my farm have almost role in ensuring that the environment that they have farm inputs in place. attitude towards agriculture. get by as they struggle with unpro- tripled”. and all resources contribute to the “The challenge of turning the ma- The complaint was widespread ductive soils, plant diseases, pests Farm productivity has increased, farmers’ learning experiences. jority of the population to practice with the young people mostly women and drought. Their livestock are weak due to trainings she had underwent Ngwelo farmers field school is soil conservation agriculture is enor- who get educated being interested in or sick, no reliable markets for their through farm demonstrations by the within the Nzoia sugar cane growing mous”, he said. A research paper pub- white collar jobs only. produce and good information about fields schools. She stressed the im- zone. Here , due to over concentration lished in Future Agricultures in 2010, The example was given of Kazi pricing, with government policies portance of training on farm manage- and reliance on sugar cane, people titled Performance of the ministry of Kwa Vijana (jobs for youth) pro- rarely serving them. ment, which has made it possible for are food insecure , with small plots Agriculture and Rural Development gramme by the government during Helping the farming families to her to take keen interest in the crops of land. More than five million people in Nyeri South district of Kenya, con- 2009, as part of the Economic Stimu- produce more food and increase their and animal farming. directly or indirectly depend on sug- straints were noted mostly in the pro- lus Package, failing to get the youth to income, they also have to bulk their “Last year my harvest from my arcane farming in Kenya. vision of extension services. engage in agricultural activities. produce to access urban markets or quarter acre was double from what I Eighty eight per cent of farming Extension services were noted as The youth at most watch their par- for processing industry. get from an acre in my usual farm- in Western Kenya is under sugar- vital with farm visits providing prac- ents toiling on the farms and dying “Collective action by farmers is ing practice. I now realize that I had cane production with majority being tical help on issues such as soil ero- poor, at the same time parents being very much needed, especially when wasted my land for a very long time.” small-scale growers. sion, manure making , fertilizer and unwilling to give farms to children for farms are too small to be attractive for she stated. In FFS, farmers carry out Food scarcity is instigated by chemical use. fear that they will sell them. trading partners ”, wrote Giel Tom in experiential learning activities that soil degradation due to high acidity Agriculture contributes between Access to capital and credit for Farmers and Markets in June 2012. The Link, June 2013 GOVERNANCE 7

Kilifi residents Government urged reject list of County assembly nominees to hire more nurses By BEKADZO TONDO By JOSEPH MUKUBWA facing public health facilities. a shortage of over 150,000 nurses,” allowed this as contained in the Bill A ROW is brewing over the list of The Association national Chair- he said. of Rights. nominees set to represent margin- THE National Nurses Association man Jeremiah Maina speaking dur- He thanked the Industrial court “This is a sign of good things to alized people in the of Kenya has called on the Govern- ing a press conference in Nyeri town for giving them a go- ahead to regis- come. The dream of offering quality assembly. ment to hire the over 150,000 nurses said that if the shortage of nurses is ter their union adding that Kenyans health care will now be realized. We Residents of the County needed in the country. addressed, the staff can be able to will now receive quality healthcare shall now offer the best services,” he have rejected the nominees and The Association said recently offer home based care instead of the as the union will help fight for their said. demanded to know the criteria that the country which has a popu- patients going to hospitals in search rights. The union will help fight for the used in selecting the nominees lation of about 40 million people of the service. The nurses had appealed against recruitment of more nurses, ensure in the Independent and Electoral needs about 172, 000 nurses coun- “We only have 21,000 nurses in a decision by the Registrar of Trade nurses are paid well and will also Boundaries Commission (IEBC) trywide as opposed to the 21,000 the country out of which 8,000 are Unions to deny registration to the fight for recognition and promotion list. nurses who are currently working in employed on contracts through the Kenya National Union of Nurses. of staff members. A ward representative in the the health institutions. Economic Stimulus Programme. The industrial court judge Ndu- Maina was accompanied by the County Mr Boniface Mwingo The nurses now want the Gov- The whole country needs about ma Nderi has since directed the reg- first National Vice Chairperson Win- faulted the list saying the nomi- ernment led by President Uhuru 172,000 who are fully employed istrar to issue the union with a cer- nie Shena and Nyeri branch associa- nees were handpicked and were Kenyatta to address the shortages by the government and so we have tificate saying the constitution has tion chairman Obadiah Michemi. not a reflection of the names sub- mitted by the different political parties. Mr Mwingo noted that some nominees had decamped from the parties that nominated them by the time of going to the elections and thus it was unjustified and in contravention of Elections Act to reward them with party positions. “We want the IEBC to clearly stipulate how they arrived with the list of nominees as some of them had decamped from the parties that they are actually supposed to be representing in the County As- sembly,” said Mr Mwingo. However the Kilifi County as- sembly deputy speaker Mr Teddy Mwambire, the list of names were a true reflection of the names sub- mitted by the respective parties. “The list submitted by ODM reflects the names earmarked to represent gender and marginal- ised groups in the County,” said Mr Mwambire. But a resident Mr Mwavita Piri dismissed the list saying the nominees did not actively cam- paign for the party in the county. Mr Piri further said it was unfair to nominate individuals without disabilities to represent people living with disabilities in the county. “How then can such people be From right: National Nurses Association of Kenya first National Vice Chairperson Winnie Shena, the national chairman Jeremiah Maina expected to push for the agenda and Nyeri branch association chairman Obadiah Michemi speaking to the media in Nyeri town recently. Photo/Joseph Mukubwa of people living with disabilities,” said Mr Piri. Mr Piri said the list should be Kisii County adopts Rapid Result Initiative in service delivery revoked and a fresh one done to uphold the spirit of Constitution- By LINK CORRESPONDENT noted the County was the first to hold quality of services to the public. reintroduced and members trained to alism at all levels of representa- such a workshop, saying it had set the Meanwhile, the Governor plans to work with security officers and mem- tion. KISII County has adopted the Rapid pace for development. harmonize public services offered at bers of the public to beef up security Result Initiative to help enhance serv- Governor Ongwae challenged of- the county level to avoid duplication in the area, adding that the county will According to IEBC Mr Gib- ice delivery to the public. ficers and provincial administrators to of effort. Speaking at a Kisii hotel af- embrace a 24-hour working economy. son Matano Herbert from Chama Kisii County Governor, James adhere to timelines set under the Rapid ter launching the County’s RRI after a Salaries and allowances for Mem- Cha Uzalendo is to represent Ongwae says that workers both serv- Results Initiative and vowed to work three day workshop for Departmental bers of the County assemblies, stated people living with disabilities. ing the national and government will closely with the County commissioner Heads, he challenged staff attached Ongwae should be increased to con- Other nominees include Ander- be bound the initiative to help monitor and other officers to propel the County to central government to change their form with their workload and roles, son Ngombo Kithi, (ODM), Pa- their performance and ensure that the to greater heights of development. mindset and focus on serving the local adding the Ksh. 79000 they were paid tience Mwangiri (KADU Asili) public has access to quality services. The Governor, who introduced his people. Both county and national gov- were peanuts amid inflation and de- and Grace Kwekwe Mwangome Ongwae, who spoke during a Pub- 10-member County Executive Com- ernment, stated Ongwae were distinct mand for support by their electorate. (ODM). lic Service Transformation workshop mittee said they were experienced and but complemented each other, saying “The Ward Reps need decent hous- In addition Asha Chiku Wanje, at Ufanisi hotel, Kisii County urged qualified in their relevant fields, say- the officers should focus on their rel- es in town and cars to avoid traveling Nashee Nana Mohamed (CCU) the civil servants to discard malprac- ing four women had been appointed evant thematic areas and set priorities on public service vehicles to attend and Elizabeth Muthoka (FPK) tices which deny the public access to to comply with the constitution’s two to enhance the county’s social and eco- county Assembly sessions. They will represent women. quality services. The Governor, who thirds requirement for either gender. nomic development. should be motivated to work well,” Patience M. Mwangiri and previously served as a Director of Muriuki challenged the officers to He noted the county’s strategic observed Ongwae. Elizabeth Tabu Ngala from Public Service Reforms challenged serve members of the public profes- plan will focus on Agriculture and val- The Governor said he would (KADU ASILI), Jane Bahati the over 200 Departmental heads to sionally, saying tax payers should get ue addition, Roads and infrastructure, launch citizen service centres and a Mwaro, Selina Khadija Salim, identity priority areas that will inform value for their money. Environment protection and sanita- website where the residents can ac- Grace Mboaza Chihanga, Priscilla the formulation of the strategic plan Lubembe said that the Rapid Result tion, Health, investment opportunities, cess information and share it locally Zawadi Kitsau, Laliu Omar Sadi, Initiative was a tool geared towards Service delivery and security. and with their friends and relatives for the County. Ongwae, flanked by Esther Dzidza Albert Tecla Nao- Kisii County Commissioner, Lydiah improving service delivery, stressing The Governor said security was in the diaspora, stating that residents Muriuki and Head of Public service the programme would be rolled out critical to the county’s development, in the latter would be involved in the mi Muye, Arafa Salim Baya and Transformation, Emmanuel Lubembe to other counties to help improve the adding that community policing will be County’s development. Sabrinah Julius all from ODM. The Link, June 2013 8 EDITORIAL & COMMENTARY The

LinkEnhancing governance for all End distortion of MPs tearing at the national kitty HE new row between Members of the National Assembly and Senators is unseemly and casts further gloom over the future of Kenya’s second attemptT to have a bicameral Parliament. COMMENTARY Due to mischief and the woeful lack of focus by MPs in the Tenth Parliament, laws were passed that have already been declared unconstitutional. Varsity students urged to monitor Among these is the matter of MPs being part of the executive of the Constituency Development Fund (CDF) committees. Constitution implementation process The Commission for Implementation of the Consti- HE Commission on the Implementa- incomes. tution has pointed out in detail that the change to the tion of the Constitution (CIC) chair- COMMENT The County’s funds channelled from the national government, noted Obure CDF Act that facilitated this conflict of interest is at Tman, Charles Nyachae wants uni- will be shared fairly and equitably across versity students to read and understand the By BOB OMBATI odds with the Constitution where it relates to the devo- constitution to enhance its implementation. the county’s nine constituencies- Boma- lution of funds to county governments. Nyachae, who addressed Kisii Univer- choge Borabu, Bomachoge Chache, Kitutu ments, stressing their presence in County It is clear that where a law is in conflict with the sity students on Governance: Opportunities Chache North, Kitutu Chache South, Bon- and challenges of the devolved system of governments represents the national inter- chari, South Mugirango, Nyaribari Chache, Constitution, the latter should reign supreme. government noted that majority of Kenyans est, noting it was in line with provisions of Nyaribari Masaba and Bobasi constituen- This oversight, therefore, ought to be corrected. were ignorant of the constitution and its rel- the national Government Coordination Act. cies to enhance balanced development. However, it is wrong of MPs to expect Senators to go evant pieces of legislation. Participants challenged the Independ- Obure said youths and women will be The document, noted the CIC boss was ent Electoral and Boundaries Commission economically empowered to venture into to them with a begging bowl in hands, as one MP who radical, transformative and challenging, and Non Government Organizations to pe- income generating activities to increase claimed credit for having been involved in framing the stressing that the implementation process riodically sensitize members of the public their incomes and standards of living, current Constitution, boasted with much gusto. called for concerted efforts to avoid its mu- on the constitution to avoid conflicts. Kisii stressing that the county cannot employ all tilation. University Acting Vice chancellor, Prof. the youth. Mutual respect and cooperation between the two He observes few Kenyans have read John Akama lauded Nyachae for organiz- “Self employment is equally important Houses of Parliament is required to ensure proper im- and understood the constitution, adding ing the talk and urged him to organize such and profitable. I urge youths to be creative, plementation of the Constitution and use of taxpayers’ that the implementation phase was marred talks in higher learning institutions to help innovative and seek support to start viable students appreciate and support the consti- money. by conflicts due to lack of a common un- projects to gain” noted Obure. derstanding among key players. tution’s implementation. The Senator said health facilities would It is possible that members of the Tenth Parliament, The Chairman says it would be difficult Akama noted members of the public be improved, equipped and staffed to cope with campaign cash and the March 4 General Elec- for the devolved system of government to trusted university students and it was im- with the high demand for health services, tion in their minds, made the changes hoping to benefit be effective and bear fruits with the wran- perative for them to know the constitution noting that residents will access clean piped gles pitting progressive forces and those to transmit it to other people. water to curb water borne diseases, which, from the same. keen with maintaining the status quo. Meanwhile, leaders from Kisii county he observed were costly to treat and impov- One of the most depressing things about the current Organs mandated with the implemen- have been urged to forget their political erished victims and their families. National Assembly is its refusal to listen to independent tation of the constitution, says Nyachae differences and work together to foster He noted that the newly appointed Ex- should interpret it correctly and play their the county’s social, cultural and economic ecutive Committee comprised of qualified counsel on issues such as these that create a conflict of rightful roles towards implementing the growth. Senator, Chris Obure says Members and experienced professionals and chal- interest. document, stressing CIC is tasked with of the National Assembly, Members of the lenged the county’s residents to support The Constitution is clear that the role of MPs is to an oversight role. Nyachae says the docu- County Assembly should work closely with them, adding they were equivalent to the na- the County’s Executive Committee to help legislate and represent their constituents, while that of ment has been implemented halfway and tional government’s cabinet Secretaries. He reminds Kenyans to boldly confront hur- realize faster and meaningful development. noted that the Members had been selected Senators is to support the county governments, which dles and ensure that the devolved system Obure, who spoke to The Link, chal- competitively from across the county’s nine includes proposing legislation that does not conflict of government works as envisaged in the lenged the Committee members to improve constituencies, stressing their appointments with the Constitution. constitution. infrastructure and set up factories to enable should not be politicized and they should be “We have to overcome challenges and farmers engage in value addition of their given ample time to do their work. It is a sad state of affairs when the only point of ensure that the constitution is implemented agricultural produce and mineral resources Senator Obure urged President Uhuru agreement between the Senate and legislators is on within five years” says Nyachae. to create jobs and boost its economy. Kenyatta’s jubilee government to equip Pri- the matter of increasing their pay at the expense of the The Chairman noted the County and The County, noted the Senator was en- mary schools teachers with computer skills national governments were distinct but ex- dowed with massive human and economic and improve infrastructure in schools before economy and the unemployed. pected to play complementary roles to help resources which were not fully exploited to donating laptops to standard one pupils. deliver services as stipulated in the con- empower the residents, who were currently “The policy is good and it can only work stitution. He urged Ward Representatives wallowing in abject poverty. “The County if schools have enough computer teachers to make good legislations relevant to their has lagged behind in development due to and are secure,” noted Obure. counties to help ensure devolution worked poor infrastructure, ignorance and lack of He urged the government to pilot the The Link is published to bring development closer to citizens. factories, thus leaving the local people poor programme in secondary schools to equip Nyachae stated that the tenth Parlia- and hopeless,” he noted. learners with basic computer skills to fit monthly by the Institute ment had set high standards for the Gov- Lamenting that the local tea was still in the digital age as envisaged in jubilee’s for Civic Affairs and ernors but overlooked qualifications for the being processed elsewhere, Obure urged party manifesto. Ward Assembly Representatives, whom the Governor, to put meas- The government has assured Kenyans Development (ICAD) he noted were in the heart of the devolved ures in place to ensure that the tea was the solar powered laptops will be piloted in government. branded locally and sold directly to inter- some schools to assess the project’s success He clarified there were no conflicts national buyers to enable farmers to reap before being rolled out nationally. between County Commissioners and Gov- highly from their produce. President Kenyatta and his Deputy, Wil- P.O. Box 7438-00200, Nairobi, Kenya. ernors, stating that issues raised on their He noted that famers have been ex- liam Ruto have periodically urged critics to appointments before they were vetted was ploited for long, stressing that while the tea hold their horses and have stressed the gov- Tel: 020 6001776 / 020 6001274 being addressed. was sold exorbitantly at the auction, they ernment has put measures in place to fulfil Email: [email protected] County Commissioners, noted Nyach- were paid peanuts, saying the trend should the pledges they made to the electorate prior ae linked the national and County Govern- be reversed to boost the farmers morale and to the March 4 General polls. The Link, June 2013 GOVERNANCE 9

The Kisumu traders Link Nyeri governor plans shun loans Enhancing governance for all offered by KIE EDITOR By JOHN NYAMBUNE DANIEL OTUNGE to upgrade slums SMALL scale business enterprises in Kisumu County have been urged to identify the short, medium and long forms needed to actualize the secto- SUB-EDITOR By JOSEPH MUKUBWA boot their capital outlay by seeking term initiatives with a view of ad- ral goals. loans offered by the Kenya Industrial FAITH MUIRURI dressing in a sustainable way the is- “My government is determined NYERI Governor Nderitu Gach- Estates (KIE). sues of informal settlements. to support, among other initiatives, agua has promised to upgrade the Kisumu deputy Governor Ruth ASSOCIATE EDITOR “I would encourage us to iden- access to affordable, durable build- slums in the county. Odinga notes that most traders were OLOO JANAK tify some quick interventions such ing materials that are available lo- Gachagua said his county gov- not applying for the loans as out of the as installation of high mast lightning cally both for housing but more ernment is exploring ways to up- Ksh.14 million loan facility set aside to deal with insecurity, provision of importantly for job creation in the grade informal settlements in Ma- for residents, only Ksh.500,000 was clean water at accessible points, construction industry,” he said. WRITERS jengo, Witemere and Kiawara slums taken for the purchase of a posho mill. an effective sewerage storm water The Ministry of Housing has to help ensure that local residents “KIE wants to add value in drainage systems and garbage col- been carrying out research at the MORRIS GITHENYA Central access decent housing. Kisumu County but unfortunately lection services,” he added. two Appropriate Building Technol- 0735 855586 He said that his government will the small scale traders have shunned The governor who was accom- ogy (ABT) centres in Othaya and ensure that people in those settle- funds earmarked for development,” panied by Nyeri county commis- Nyeri with the aim of meeting the ments not only live in dignity but also she said while blaming this on the lack sioner Michael Mwangi said his goals of enabling Nyeri County res- feel part and parcel of the society. of business empowerment. JOSEPH MUKUBWA Central government is open to proposals ident’s access affordable building Speaking during the opening of “Kisumu relies mainly on import- 0724 039787 that will move the county towards materials. national slum upgrading and pre- ed goods and this is what we want to providing the right policy and leg- He also promised to support this vention policy validation workshop change. We want to provide markets islative framework to enable them initiative to ensure completion and at Green Hills hotel recently, the for products within the county and to move the policy actions and re- resources allowing expansion. BEKADZO TONDO Coast governor said his government will even have surplus to take to other 0728 341240 places,” she said. Ms. Odinga encour- aged farmers to form business groups that will enable them take loans to buy PETER MUTUKU Eastern machines that can be used to produce maize flour and fruit juices. 0721 455048 “We want people to take loans to buy posho mills that can grind maize which will be packaged and sold in BOB OMBATI Nyanza the supermarkets; this will even en- 0728 435255 courage us to link them with the mar- ket and subsidise the commodities,” she said. NYAKWAR ODAWO Western According to her, middlemen are also to blame for the situation as they 0726 264153 exploit people. She was speaking during the opening ceremony of the Regional Gender, Equality Capacity LUKE KAPCHANGA Western Building workshop organised by the 0723 622136 UN Women in Kisumu recently. Ms. Odinga pointed out the need to protect and promote women’s so- cio-economic rights by encouraging AGGREY BUCHUNJU Western them to access financial support and 0733 537002 to apply for jobs within the county government. “I have noticed that men are seek- ing county jobs while women are re- Layout & Design: luctant, that is what we are bent on changing to realize gender balance in WALTON DESIGNS all sectors,” she said. 0725 903 938 UN-Habitat Director Project Of- fice Alioune Badiane said women in [email protected] Nyeri governor (right) with Nyeri county reps. On the left is Nyeri county commissioner decision-making positions play a role Michael Mwangi. This was at Green Hills hotel for the opening of national slum upgrading and prevention in developing policies which bring policy validation workshop. Photo/Joseph Mukubwa about gender balance. Government urged to revive collapsed industries in Bungoma By AGGREY BUCHUNJU initiated in early 1970s to benefit the points out that for Kenya to become are appealing to Uhuru and his new people of Western province. a middle income country by 2030, Government to make a difference,” THE Jubilee Government has been Wamang’oli is however optimis- the Government should increase its Wamang’oli says. challenged to revive collapsed in- tic that President Uhuru’s Govern- ability to make products we use on It is imperative to note that the This Newspaper appreciates dustries in Bungoma County. ment will as indicated in its mani- a day to day basis. Paper is one such factory owes its debtors over Ksh.6 the facilitation accorded Bungoma County residents want festo spark an industrial revolution product hence the need to revive billion. Wamang’oli suggests that by the Konrad Adenauer the Cabinet Secretary for Industri- by prioritizing to revive collapsed Webuye pan paper mills. the new government should waive alization, Mr. Adan Mohammed to industries. Wamang’oli reiterates that by the debts in order to facilitate its re- Stiftung (KAS) in Kenya prioritize the revival of Webuye Pan “I am sure president Uhuru can- reviving the industry, the President vival. Paper Mills as one way of empow- not fail to revive projects which would have created jobs for the Closure of the paper mill left ering the people in the region. were initiated by his late father youth as per the Jubilee manifesto. about 3,000 direct employees and Led by former Webuye Member but have since collapsed. Webuye The Government through its 30,000 indirect employees jobless. All correspondence and of Parliament Joash Wamang’oli the pan paper mill is one of them,” the manifesto promises to create 1 mil- Also affected by the closure of enquiries to the editor, residents say that the revival of the former Mp says. lion new jobs by introducing tax the factory are farmers, business factory will go a long way in creat- The Jubilee Government admits incentives to encourage investment community and sex workers. P.O. Box 7438-00200, ing job opportunities for the youth. in its manifesto that there is a stark and growth in the manufacturing However, quite a good number Wamang’oli points out that the mismatch between the current rate and service sectors. of sex workers have since relocated Nairobi, Kenya. then giant paper mill in East and of economic growth and the rate of Bungoma residents accuse the to Bukembe market and Bungoma Central Africa had been initiated growth of the manufacturing sector past regime of giving false promises town among other areas. Tel: 020-6001274 by the founding father of this na- in Kenya. about reviving of the factory par- Some former employees of the tion, the late president Mzee Jomo This unattractive state of affairs ticularly during the electioneering factory however want the Govern- Telefax: 020-6001776 Kenyatta. is partly being attributed to high period. ment to set aside money so as to pay “The last Government promised them their terminal benefits before e-mail: [email protected] He consequently challenges production costs, excessive red tape President Uhuru Muigai Kenyatta and lack of access to credit. to revive the factory many times but looking into the possibility of reviv- to revive the project that his father The Jubilee manifesto further nothing happened. That is why we ing it. 10 The Link, June 2013 GOVERNANCE

By AGGREY BUCHUNJU THE recent killings of eleven people and maiming of several others by organised Bungoma killings blamed on politicians criminal gangs in Bungoma County is for being interchanged. “The instigators and mobilize demonstrations against and retrogressive criminal activities. patrol vehicles to the County. now being linked to politics. of insecurity were interchanged in the politicians perceived to be the financiers Bungoma County Non-Govern- Despite deployment of more offic- County residents opine in entirety whole political game after dishing out of criminal activities. mental Organizations (NGOs) chair Mr. ers, insecurity is yet to be tamed as the that the heinous attacks on innocent colossal sums of money to the elector- “We want to warn them against de- Martin Wanyonyi and the Kenya Nation- attacks are still ongoing in some areas. people in the region are masterminded ate who assured them of a clean win,” ploying this kind of retrogressive, primi- al Union of Teachers (KNUT) Bungoma According to some survivors, the at- by politicians whose future in political they claim. tive, backward and uncivilized manner West branch executive secretary Mr. tackers operate in groups of between 10 leadership hangs in the balance. Opin- Bishops Francis Bushebi of Gospel to communicate their selfish ambitions Fred Sichangi are also categorical that and 15 people and sing while claiming ion leaders, church leaders and even Believers Fellowship, Julius Macheusi in disregard of the divine principles of some politicians are behind the attacks. that they have arrested thieves. ordinary citizens blame insecurity on un- of Bethesda Missionary Fellowship and upholding the sanctity of human life,” The duo call upon the Government to Once the villagers come out of their named top politician in the region. George Mechumo of ACK claim that they say. Areas where people were either take a quick and decisive action against houses, the gangsters turn against them They allege that the insecurity being the move is also aimed at ensuring that killed or injured during the brutal at- those perceived to be behind the attacks with sharp objects. witnessed in the region is instigated by Bungoma County becomes ungoverna- tacks that took place towards the end of without much ado. the unnamed politician who apparently ble. “We are aware that some politicians April and early May include—Bungoma John Simiyu, a retired high school is not happy with the outcome of the are highly connected with communities town, Mayanja, Mukwa, Naburereya, teacher was the first to be hacked to Gender responsive March 4 General Elections and yet to be in the neighbouring states who are out Ndengelwa and Kikwechi. death and the latest victim by the time heard and determined election petitions to ensure that Bungoma Governor, Ken- Bungoma County Commissioner, of going to press was businessman cum budgeting critical at the Bungoma High Court. neth Lusaka and by extension the Jubilee Jamleck Baruga also says that insecurity church leader Timothy Nyongesa. According to the observers, the issue Government do not succeed in imple- in the area is being instigated by some The deputy president to national growth of insecurity is a political move by the menting their development agenda,” the politicians from the region. and the top security team visited the area losers in the March 4 General Elections Bishops allege. In a signed press state- Baruga, however declines to name and promised to beef up security by de- By JOHN NYAMBUNE who are allegedly unleashing vengeance ment, the bishops threatened to expose the politicians behind these ill-informed ploying more police officers and four COUNTY leaders have called for the adoption of a gender respon- sive budgeting to help aid in stra- tegic planning, development and management of funds. Kakamenga deputy governor Kisii County unveils cabinet Philip Kutima said that a gender By BOB OMBATI responsive budgeting was integral to promoting the nation’s growth. KISII County Governor, James Ong- “The Kenyan experience on wae has unveiled his 10- member Ex- gender responsive budgeting re- ecutive Committee and urged the team flects that there has been little to work closely with the County As- success in pushing for change in sembly to foster development. the budget making process. Inclu- According to the Governor, the sion of women in the process can committee members have been drawn promote big change,” Mr. Kutima from the nine constituencies that make up the County and were picked after said mentioned in a forum at Golf a rigorous vetting process. “The team Hotel, Kakamega recently that. is qualified, competent and fit to head Mr. Kutima’s sentiments were their respective ministries,” he ex- supported by the Kakamega chair- plained during a function held at the man of budget and appropriation former Gusii County council grounds. committee Mr. Bryson Sikoli who The Governor, accompanied by his said that projects involving women Deputy, Joash Maangi, County Assem- and youth promote equity and de- bly Speaker, Samwel Kerosi and Ward velopment and must be funded to Representatives pledged to uphold the grow the economy. The two were principle of powers to enhance the speaking at a workshop funded by council’s smooth operation. international NGO, Society for In- Those named in the cabinet include ternational Development. Vincent Sagwe (Agriculture, Livestock Other than public finance -re and Fisheries), John Omwoyo (Roads forms and devolution manage- Public Works, Transport and Housing), ment, county representatives, Dr Kodek Migiro (Education Labour opinion leaders, and business lead- and Manpower Development) and ers discussed ways of ensuring Marcela Otuke (Culture, Sports, Youth they are fully involved in prepar- and Social Services). ing budget proposals. In Kisumu, Others are Peris Bitutu (Adminis- a local MP urged civil society to play an active role as watchdogs of tration and Stakeholder Management), One of the destroyed houses in Tana River clashes. Sarah Angima (Health Services), Skit- county representatives in budget ter Wangeci Ocharo (Energy, Water tivities and he will be forced to reduce was Organized by the United Nations Reps. Human beings, noted Machogu allocation and to ignite public par- and Natural Resources) Ibrahim Moiro the budget. Development Programme (UNDP) were entitled to human rights, adding ticipation. (Trade and Industry), Moses Onderi “The reduction in allocation means through Kitrech International a lo- that they have a right to security, life, “Civil societies have to step (Land, Physical Planning and Urban that the County may not have sufficient cal Non Governmental Organization access to clean water, environment and up their work in ensuring there is Development) and Samwel Osoro Ke- money to fund some of the devolved (NGO) education among other rights, which, he balanced gender participation in bati (Treasury and Economic Planning). functions and thus the national govern- Charles Machogu, a facilitator from noted should be provided regardless of the budget making process. This The Governor said the County was ment should pay for those services until Kistrech urged the ward Reps to respect their political affiliation. will promote creative ideas and looking for suitable land to relocate the there is cash to let the counties do the and protect human rights and condemn Kerosi said some members were enhance development,” urged Mrs dumpsite and cemetery as the current job. He said it would be difficult for any form of violation to avoid unnec- not aware that protection of environ- Rose Nyamunga during a work- sites were full. Ongwae said that rev- the devolved system of government to essary prosecutions. The facilitator ment was a basic right, adding that the shop at Imperial Hotel recently. enue collection in urban areas will be work if the allocations approved by the reminded leaders they were elected to training was essential and would help She suggested that women in streamlined, adding that he had set up Commission on Revenue Allocation protect and defend human rights, and them differentiate between what is right the counties find a system of creat- a committee to look into better ways of (CRA) are reduced as this negated the thus members of the public will hold and wrong when they legislate. ing their own funds that will pro- generating for the County. purpose and spirit of devolution. them accountable if they failed to enact The Ward Reps lauded the sponsors mote strength in proposed county He faulted the national govern- Meanwhile, members of the County laws to defend and protect human rights. and the trainers and urged them to or- entrepreneurs. “We must be ment for slashing the initial allocation Assembly have been inducted in a bid “Human rights are both inherent and ganize similar workshops for their con- self-reliant and most importantly to the County from Ksh. 6.2 to Ksh.5.1 to guide them in their legislative roles to universal. You have powers to make stituencies to sensitize them on human move as a team. Without funds for billion, saying that the shortfall will avoid conflicts. The one-day interactive laws in the County Assembly and to rights, defense and protection to avoid Kisumu County, we are heading grossly affect the county’s planned ac- workshop, attended by 45 Ward Reps protect them,” Machogu told the Ward conflicts. nowhere,” she said. Govt clamps down on illegal orphanages in Kilifi By BEKADZO TONDO ebrations to mark world orphans day. vulnerable children. for the institutions, which is a violation Omor. The director said all rescue centers “The children rights Act clearly of the Children Rights Act. The officer further noted that cases THE government is investigating at have a duty to seek approval from the states that it is an offence for anyone to Kilifi County APHIA plus program of sexual harassment among school least 6 children rescue centers which are government if they are committed to expose young girls to commercial sex or director Mr Benson Omor said that cas- going girls were also on the rise and being operated illegally in Kilifi County. providing a conducive environment for engage in general harassment of vulner- es of exploitation of minors in children blamed this on parents. Kilifi County Children Director Mr the destitute children. able children,” said Mr Kisavi homes in Kilifi County were on the rise. He said some girls in the rural parts Paul Kisavi says that he has received “The government will shut down He noted with concern that some Mr Omor said some children homes of Kilifi County were lured with little reports that foreigners were operating institutions which operate as orphanage managers have been exploiting the chil- were exposing orphaned girls to com- money by bado boda operators who en- charitable organizations and children and children rescue centers without li- dren by forcing them to have sex for mercial sex. gage them in sex. homes which had not been registered by censes,” said Mr Kisavi. money. “It is really sad to note that some He said most of this girls drop out of the government. Mr Kisavi said it was an offence for The director further noted that in people start orphan centers in Kilifi school after getting pregnant while oth- Mr Kisavi made the remarks at anyone to expose young girls to com- some instances, the children are sub- county but later turn into commercial ers get infected with sexually transmit- Mnarani grounds in Kilifi during cel- mercial sex and general harassment of jected to labour so as to generate money sex business with the girls,” said Mr ted diseases including HIV/Aids. The Link, June 2013 CITIZENS’ WATCH 11 @

Who ‘doctored’ Set up computer TJRC report, System should be set to arrest falling labs for all and why? THE shocking allegations that the re- standard of English among youth students to get cently released Truth Justice and Rec- IN their letters to the ed- onciliation Commission report was itor, Wagari Buku, H.P. equal access ‘doctored’ and that some ‘sensitive’ Pauline and Muthaura sections were deleted from the final A PHILOSOPHER once recently decry the fall- opined that the road to hell is report that was presented to President ing standards of Eng- Uhuru Kenyatta has irrevocably dam- paved with good intentions. aged the credibility and reliability of lish. Many other writers It is with that in mind that the Truth Report. These allegations to the editor have raised we need to interogate the free by the three foreign commissioners similar concerns. As a teacher of English, I laptops projects the Jubilee should not be dismissed or treated government is determined to casually. cannot agree with them Now, when one critically analyses more. implerment. the manner in which TJRC conducted It is true that the Is the project sustainable? its affairs, the internal squabbles could standards of both writ- By focusing on Standard one have been a deliberate strategy to con- ten and spoken English pupils, is it not discrimina- trol this committee and eventually be have fallen to alarming tory? Are our pupils safe with in a position to sabotage the final find- levels. Consequetly, the such expensive gadgets? How ings. There are extremely powerful in- quality of education has sure are we that the pupils dividuals in the Government and out- plummeted. English, will not use the computers to side the government who might have being the language of systematically killed this TJRC Report instruction, hs a direct view inappropriate content on even before even it was made official. bearing on the other social media, given that their In a nutshell, the country is now subjects examined by parents and even teachers in dilemma on the next cause of ac- the Kenya National Ex- are not necessarily computer tion. First, it could now be true that aminations Council. compliants? the TJRC findings are not reliable Today we have pro- since they have been ‘sexed up’ so as Every year billions of shil- to shield some untouchable clique of fessionals who cannot lings will be used to buy com- effectively hold a con- University students in class. Certificates no longer quarantee high stand- individuals. Two, one can now move ards of spoken and written English puters for Standard One pu- to court and challenge the findings of versation with their cli- pils whose number will keep TJRC report and say that the findings ents. Due to language well performed at the national ex- ards fall. increasing every year. Crimi- are based on ‘rumours’ hence did not barriers, the quality and efficiency nals will attack the youngsters of service delivery has also suf- aminations, the stakeholders came I have been following the dis- meet it’s core objective and demand as they are going to school that they be declared null and void! fered. up with measures to address that. cussion initiated by Wangari Buku There’s no way this country will be The education stakeholders That is how the Kenya Science with the subsequent contributions and rob them of the laptops. united, developed if we don’t take the need to go back to the drawing was borne. Years later they estab- by Ms. Elderkin and Muthaura Should the whole idea be bull by the horns and solve the histori- board and ask when the rains start- lished SMASE which was a delib- among others. I find that a lot of shelved then? I believe there cal injustives for the sake of currently ed beating us. Why can’t our learn- erate move to strengthen science young people are in too much of a could be better and less costly and future generations. ers pronounce basic English words and mathematics subjects in our hurry to care about precision (in all ways of going about it. One, Concerned Kenyan, accurately? schools. Today these subjects are matters, not just in language). the government should con- Mombasa. Sheng has contributed too. way ahead of languages. Last year I read comments in the dai- sider purcashig solar powered However, whining about Sheng alone the minister for Education lies on-line edition and any time table top computers (desktop does not help solve the matter at lauded the sterling improvement someone comments on poor gram- MPs concerned on these subjects. mar/spelling there is a big chorus computers are cheaper than hand. laptops). about their Year in, year out Knec laments English and Kiswahili are vital of “grammar police” which I find the deteriorating levels of insha in all careers one pursues. It is for rather disconcerting. I think the These computers should be stuffed egos and composition yet the stakehold- this reason that I urge the stake- problem starts with our glorifica- kept in well-designed com- ers are never in hurry to address holders in education to find ways tion of Sheng. puter labs to accommodate a THE calibre of leaders we have do this worsening situation. of turning around the performance Concerned Kenyan. whole class of say 60. It will not seem to understand that getting of languages. Until that is done we via e-mail elected or nominated to serve is a Let us start somewhere. When be easier for schools to pool God-given honour. Any right-thinking the science subjects were not being will continue lamenting as stand- resources and provide secu- citizen should, therefore, be delighted rity for their schools, than at getting such an opportunity. trying to provide security to It is pathetic that the current crop individual households. Labs of leaders want to use their positions would ensure all students get to serve their stuffed egos. That is why, since they were elected, we have a chance to learn information been treated to the theatre of absurdity technoloty. as they grumble, mumble and moan Daniel Simotwo, about their “slashed” salaries. Nairobi. According to our MPs, they left better paying jobs to take up elective positions. However, what they do not seem to understand is that a patriotic person would even take a huge pay cut as part of a sacrifice that is sometimes invi- table if one is to accept an honour of serving one’s country. * It is in light of this I found a part The editor welcomes letters and of the President Uhuru Kenyatta’s comments on a variety of issues. Madaraka Day speech quite laugh- The letters should be brief, able. This was where he urged leaders topical and issue based. to enlighten Kenyans on devolution. I The editor reserves the right to fee we need a reversal of roles. This edit for brevity or clarity. is because it would seem it is leaders who need to be enlightened by ordi- Write to: nary Kenyans what true leadership re- The Editor, ally entails. The Link, Concerned Kenyan, P.O. Box 7438 – 00200, Nairobi. Nairobi. E-mail: [email protected] 12 The Link, June 2013 GOVERNANCE Governor pledges to promote cultural heritage and tourism Residents By JOSEPH MUKUBWA culture and heritage and the legislative standards the annual scout event in laws to provide the necessary legal agenda will include a legal framework Nyeri in honour of Lord Baden Powel framework in order to roll out pub- NYERI Governor Nderitu Gachagua to promote this great heritage. He also adding that the event will not only be lic participation, county planning challenged to has promised to promote the local proposed to erect such statutes in recog- a source of revenue for the residents and development, agriculture and cultural heritage and tourism in the nition of the role and contribution of the of Nyeri but will clearly place Nyeri livestock, health services, trade de- invest in County region. late Prof. Wangari Mathai and Dedan county on the map of the world. velopment/ regulation, culture and Speaking during the opening of Kimathi among others. “From the majestic Mt Kenya, heritage. By AGGREY BUCHUNJU the Nyeri county assembly recently, “Recognition of our heroes caves that are of international interest, Others areas he will tackle include Gachagua said that since there are out- through erection of life size statues national parks, the history of the free- the security, education, energy sector, BUNGOMA County Governor, Ken- standing features in the county, there at strategic locations in Nyeri will not dom struggle and the presence of the irrigation and water among others. neth Lusaka has asserted that the pur- is need to capture and document them only strengthen our culture but also resting place of the world’s founder of Nyeri Women Representative pose of devolution is to be self-con- for present and future generations. become a source of tourist attraction scouting movement, Lord Baden Pow- Priscilla Nyokabi and Nyeri county tained. The governor said one of the depart- and revenue generation,” he said. el, Nyeri is the place to be,” he said. commissioner Michael Mwangi Speaking recently at the Bungoma ments that he will be setting up under Teachers Society Limited Annual Gen- The governor said that plans are He told the county reps that he were also present during the occa- eral meeting, Lusaka stressed the need the county government will deal with underway to elevate to international will seek their support in passing sion. for the people of Bungoma County to be self sufficient. “The essence of devolution a part from bringing services closer to the peo- ple is to be self sufficient in all spheres of social and economic development,” explains the Governor. Lusaka who was the chief guest during the meeting that was also at- tended by the Western Provincial Co- operative Officer (PCO), Mr. Jonathan Mukhweso, urged the teachers to invest in the County. The Governor asked the teachers to particularly invest in the ho- tel industry through their co-operative society. Lusaka lamented that all major in- vestments in the County are foreign owned and as a result challenged teach- ers and other professionals to also con- sider investing in the third largest Coun- ty in the country. Investments by the indigenous peo- ple of the County Lusaka, observed will help curb cash flight to other areas. “If our people cannot invest in the hotel industry and other businesses, then in- vestors from other areas will continue to dominate the sector,” he says. Lusaka challenged professionals from the County to avoid being brokers and instead form and register companies so as to be awarded tenders to provide various services. The Nyeri county assembly in session. Photo/Joseph Mukubwa “The problem with our people is that they like brokerage instead of do- ing the jobs themselves,” the Governor claims. He was categorical that for the indigenous people of Bungoma County HIV epidemic derails efforts to reduce to benefit from fruits of devolved gov- ernance system they should desist from being brokers when it comes to tender- maternal mortality rates in Africa ing of contracts. Lusaka, however asserted that he By HENRY OWINO women has increased since 2006, Africa, a country in which 29 are at risk of sexual violence. will not condone shoddy work adding reaching 42 percent. percent of pregnant women are “A new method that is safe and that construction companies whether HIV/AIDS is the world’s leading Many women in developing HIV-Positive, revealed that the effective, microbicide, promises foreign or locally owned should ensure cause of death in women aged be- countries often do not learn they maternal mortality ratio was more to provide women with a new tool that work is done as per the specifica- are infected with HIV until they than six times higher in HIV-pos- to protect themselves from HIV tions. He disclosed that his Government tween 15 and 44 who are consid- will put in place Efficiency Monitoring ered to be in their child-bearing are pregnant and tested at the itive women than in HIV-negative without limiting their choices Unit that will monitor and evaluate all age. In sub-Saharan Africa where prenatal clinics. Appropriate and women. This is 776 deaths per to bear children,” emphasized works done before payments are ef- the epidemic has hit hard, high timely antenatal care and preven- 100,000 births compared with Sidibe. fected. death toll is among women of re- tion of mother-to-child transmis- 124 per 100,000births. Another dual-purpose micro- Speaking at the same meeting the productive age. sion (PMTCT) programs have “Research is showing that HIV bicide that combines an ARV with PCO, Mr. Jonathan Mukhweso asked been shown to provide a pathway may have a significant impact on a contraceptive is also said to Bungoma teachers Sacco to complete The spread of the epidemic and renovate Bungoma Tourist Hotel so continues to outpace the world’s to HIV prevention, treatment and maternal mortality. This tells us safely expand women’s options to as to bring it to international standards. response to it. It is estimated that care service for women of their that we must work for a unified control their fertility and prevent Mukhweso said that there is need for for every 3 people placed on HIV families. health approach bringing ma- HIV. Microbicide is a medical Bungoma Tourist Hotel which was put treatment, 5 more become infect- Some of these programs in- ternal and child health and HIV product being developed to pro- up way back in 1970s to be converted ed. In sub-Saharan Africa, women clude providing prevention of programmes together to work to tect healthy people from becom- into a three star or five star hotel in order account for 60 percent of adults HIV infections among women achieve their common goal,” said ing infected with HIV during sex. to attract more customers from within of childbearing age; preventing Michel Sidibe, Executive Direc- Some microbicides are being and without. living with HIV. The PCO at the same time also HIV epidemic has had an ad- unintended pregnancies among tor, UNAIDS. designed only for women as vagi- urged the Governor, to verse effect on efforts to reduce women living with HIV; pre- Sidibe said HIV infection is nal products, and others would be ensure that coffee grown in the County maternal mortality rates which venting HIV transmission from a major contributor to maternal rectal products that both men and is processed and packaged within the is fifth in Millennium Develop- a woman living with HIV to her morbidity. She disclosed the on- women could use. A microbicide County instead of being taken to Thika ment Goal (MDGs). In fact, a infant; and providing appropri- going research suggests that preg- to reduce the risk of sexual HIV for processing. ate treatment, care and support to nant, HIV-positive women may transmission promises to have a This, the PCO added will make new analysis shows that maternal County residents to benefit from value mortality rates have increased in mothers living with HIV and their see disease progression worsen profound impact on the epidemic. addition in terms of improved returns countries with expansive HIV ep- children and families. during their pregnancies. There is This new method has been from the crop and employment for the idemics in southern, western and The revelations were made therefore an urgent need for new tested in Asia and proved success- youth. Bungoma teachers Sacco chair, central Africa. Without HIV, there during the second biannual HIV/ female-initiated prevention op- fully. It is believed that it is going Mr. Gabriel Wasike said that during the would have been 60,000 fewer AIDS conference held in Nairobi, tions. to help African women and reduce year 2012 the society enjoyed gradual Kenya attended by people living The Scientist revealed that the the number of maternal mortality growth in its membership. maternal deaths in 2008. Wasike disclosed that the society Presence of HIV epidemic with HIV, affected, HIV research- current HIV prevention strategies in the continent. The technology membership rose to 4,795 from the pre- has slowed down the progress ers, among other experts. are not doing enough to protect have yet to go under all clinical vious year’s 4,771 and attributed this to towards reducing maternal mor- HIV is a leading indirect cause women. Prevention methods such trials according to international, successful education to members and tality rates in sub-Sahara Africa. of maternal mortality in settings as condoms and abstinence are re- national regulatory and ethics improved FOSA services by use of spot For example, in Swaziland, a sur- with high incidence of HIV/ alistic options for many women, guidelines before it is finally ap- cash facility-members that earn through AIDS. A five-year study con- especially those who are married, proved and made widely available their phones and access personal infor- vey released in2009 indicates that mation easily. HIV prevalence among pregnant ducted in Johannesburg, South who want to have children or who and affordable for use. The Link, June 2013 GOVERNANCE 13 By JOSEPH MUKUBWA Parliament THE National Council of Church- Government on the spot es of Kenya has criticized the gov- ernment for doing too little to stop urged to fast the production and consumption of illicit brews in Central region. over increased illicit track herbal NCCK Central region said re- cently that despite the passing of the Alcoholic Drinks Control Act medicine Bill 2010 commonly known as Mu- brews in Central region By AGGREY BUCHUNJU tutho Law, it is regrettable that the law has not been enforced to the also put resources into community added. shippers and community members letter. education with a view to helping On insecurity, the council la- to work with the security agencies THE National Council of As- Speaking after a two - day re- the people realize the results of mented that of late, the country to ensure that the criminals are ap- sociation of Alternative Com- gional conference at Nyeri Tech- uncontrolled use of alcohol,” said has experienced an upsurge of prehended and dealt with through plimentary Medicine and Re- nical Training Institute, the Re- the chairman. carjacking and kidnapping inci- the courts,” added the church. search secretary, Isaac Misiko gional chairman Hiram Githaiga The NCCK also called upon dences in the region despite the The NCCK regional confer- has asked medical practition- who read the statement on behalf the residents of Central region to government efforts in fighting the ence is the supreme governance ers to stop looking down on of the others said illicit brews take action by executing civic ar- vice. organ in the region and meets herbal medicine practitioners. continue to be produced and con- rests on persons who produce il- “Domestic violence has also once every three years. Misiko notes with pride sumed in the counties with devas- licit brews and hand them over to escalated leading to the deaths of It covers Embu, Kirinyaga, that herbalists across the tating results including deaths of the police. even whole families. We there- Murang’a, Nyeri, Nyandarua and country are on record as hav- the alcohol abusers. “Together with the commu- fore call upon the government to Laikipia counties. ing treated diseases that have “We call upon the county nity members, we as church lead- be more vigilant. Further, we call Also present were NCCK been very hard to treat in gov- governors to take decisive action ers will play a leading role in the upon the church in our region to deputy Secretary General Oliver ernment hospitals. against the people who produce destruction of dens where illicit support in community policing ef- Kisaka and the central region co- He challenges medical such brews. The government must liquors are produced and sold,” he forts and also empower our wor- ordinator Wilson Wanyoike. practitioners to view herbal- ists as equal partners in the health sector and not quacks or witches. The herbalist attributes their lack of recognition to outdated policy and miscon- ception by the public about their trade. Misiko points that herb- alists in Kenya are still us- ing the colonial bill of 1925 where they are referred to as traditional witches, a title, he adds that is not only harmful to them but also to their would be clients. He as a result challenges members of the eleventh par- liament to justify their de- mand for higher pay by fast tracking the passing of the herbal medicine bill. “This bill which is in- tended to provide a policy to guide us in our operations has been pending in parliament for many years now,”’ Misiko discloses. Misiko avers that passage From right NCCK Central Region chairman Hiram Githaiga, NCCK deputy Secretary General Oliver Kisaka and the NCCK Central region of the herbal medicine bill coordinator Wilson Wanyoike addressing the media at Nyeri Technical Training Institute recently after a two-day regional conference. by parliament will change the Photo/Joseph Mukubwa public perception about herb- al medicine practitioners. “Passing the herbal medi- Busia residents protest over Ksh90million governor’s residence cine bill into law will make people to recognize us as By AGGREY BUCHUNJU we therefore demand that it should served efficiently. acted against the move saying that cures of diseases using herbs be rejected, amended and be brought At the same time, sugarcane farm- zoning of sugarcane farmers by con- and not people who prac- THE residents of Busia County are up back to the people for recommenda- ers in Busia County have strongly tracting millers might demoralize the tice witch-craft,” Misiko ob- in arms over plans to allocate million tion since we had not voted for devo- condemned a declaration by the Bu- farmers. Okwara said the governor shillings towards the construction of lution purposely to open doors for the sia County Governor Sospeter Ojaa- should be able to lead the County and serves. a governor’s residence instead of ad- Busia County leader to eat taxpayers mong’ to remove zoning in sugarcane give clear guidelines or else the sector The herbal medicine practi- dressing other pressing issues. money,” said Barasa adding that it farming saying the move is likely to risk collapse as a result of lack of clear tioner laments that despite the The residents have vowed to re- was clear that the budgetary proposals cause the demise of the sugar indus- guidelines. World Bank having trained ject the entire Ksh. 3 billion budget were deliberately bloated with mis- try in the County like it happened to “Sugarcane zoning may cause over 500 herbalists country- estimates for the next financial year chief. cotton. Sugarcane farmers said that the investors to go to Countries like wide, the group still lacks rec- as most of the proposed projects are He at the same time said that the they were responsible for their own Tanzania, Uganda and Malawi due ognition due to poor policies. insensitive to their plight and that the budget proposal also included an on- destiny, income and security and will to what they termed as lack of clear Misiko is at the same time planners were driven by outright mis- going irrigation project which is cur- remain under the zoning and contrac- guidelines in the Country,” he said. also appealing to his col- chief and impunity. rently under feasibility study but has tual procedures with sugar companies The sugarcane farmers’ spokes- leagues to conserve medicinal The irate residents led by West- been allocated a whopping Ksh1.7 of their choice. man added that if the doors are opened ern Development Initiative Associa- billion whereas the budget for buying The irate cane farmers claimed to any miller to enter Busia County plants that are getting distinct tion (WEDIA) Vice chairman Joseph graders for the county is only Ksh 86 that throughout his entire tenure as the and buy cane freely without factoring by planting more indigenous Barasa said “We are strongly opposed million that defies the realistic costs at Member of Parliament for Amagoro in issues like cane development then trees during this rainy season. to the move as we see no sense at all the current market rates. constituency, the former MP, now Bu- soon there will be no raw material to He expresses pessimism in plans to allocate Ksh20 million for The WEDIA boss said: “we know sia county governor never came out service the region’s sugar factories. that medicinal indigenous refurbishment of governor’s tempo- that a single grader costs around Ksh on a single day to defend sugarcane The farmers’ spokesman added: trees may become distinct due rary residence, Ksh90 million for a 30 million so with Ksh 86 million only farmers. “Private cane farmers should be al- to afforestation in a few years new one and Ksh10 million for the two or may be three will be purchased “He is now making declarations lowed to sell their produce to a miller to come. purchase of land for the same when which of course cannot serve the en- that are going to kill our only source of choice but not those contracted. “Most medicinal indig- the medical training college meant to tire county of seven constituencies of income as sugarcane is the only Ojaamong should therefore be told enous trees are being wiped serve the whole County and beyond given the bad state of our roads that cash crop in this county,” said Joseph that three quarters of the farmers in has been allocated a mere Ksh 82 mil- require sufficient funds. More money Barasa. Western region leave alone Busia can- out at a fast rate which is why lion. should be allocated towards the buy- Busia County Sugarcane farmers’ not afford to invest in private cane as i am asking my colleagues to “The budget is just unrealistic and ing of graders so that the county is Spokesman, Venswa Okwara also re- the process is damn expensive.” plant more of them,’ he says. The Link, June 2013 14 GOVERNANCE Busia Governor picks Cabinet By NYAKWAR ODAWO who was picked to head Agriculture University of Agriculture and Tech- and Animal Resources Department, nology, also a sales and marketing BUSIA Governor Sospeter Ojaa- Leonard Wanda Obimbira from Bu- professional from Butula . mong has been lauded for unveiling dalangi, a trained accountant with Grace Matinde Mchuma, a an all-inclusive cabinet covering all several years of professional expe- physically challenged person and a the regions of Busia County. rience was picked to head Finance trained teacher from Teso North was In a colorful ceremony held at and Economic Planning with Mar- picked to head the department of Busia county hall recently, a total tin Kafwa from Nambale, a trained Community Development, Sports, of sixteen nominees were picked as teacher to head Lands, Housing and Culture and Social Services whereas members of the County Public Serv- Urban Development department. Bernard Krade Yaite (youth) from ice Board as well as County execu- Others picked included Jazida Nambale trained in Natural Re- tive committee members. Ali (representing minority groups) source Management was picked to Out of the sixteen nominees, six from Matayos, a member of Educa- head Water, Environment, and Natu- candidates had qualified and were tional Management Association of ral Resources department. picked as members of the Public Kenya to head Education and Voca- Governor Ojaamong urged the Service Board whereas ten succeed- tional Training department, Dr Mau- nominees picked to head various ed as members of County executive rice Peter Siminyu from Matayos, dockets in the county, to exercise committee. a trained Medical Practitioner with transparency and accountability The County Public Service several years professional experi- while discharging their duties in or- Board members included Agneta ence to head Health and Sanitation der to ensure effective service deliv- Syeunda Akhabi from Nambale who docket, Gregory Joash Epus Odeke ery. was appointed as the board chair- from Teso North, trained in sus- He warned that stern action person, with Dr Francis Nang’ayo tainable development and a project would be taken against any depart- from Funyula, a PHD holder , Josiah management specialist, to head Pub- mental head who will fail to serve the Wanyama from Matayos, (youth rep- lic Works, Transport and Disaster residents of Busia County effectively. resentative), Kapule Susan Masake Management slot with Bernadette However members of the County from Teso South, Pancras Otwani Muyomi, (youth representative), a Executive Board assured the resi- from Teso South and Jemimah Adah human rights activist from Butula be- dents of Busia County that they will Mr. Ojaamong. Governor, Busia County Chibole from Butula picked as board ing picked to head Public Service, In- do everything at their disposal to en- members. formation and Communication slot. sure they provide effective service wealth of experience who was given of Busia County Medical Training The county executive commit- The Department of Trade, Coop- delivery aimed at transforming the the Health and Sanitation docket Centre which has failed to take off tee members picked included Moses eratives, Tourism and Industry went lives of the people. pledged to improve services at all the despite the ground breaking cere- Osia Mwanje , a trained agricultural to Hillary Makhulu, a Bachelor of Dr Maurice Peter Siminyu, a health facilities in the county. mony by the retired President Mwai extension officer from Teso South Science holder from trained medical practitioner with a “I will push for the construction Kibaki in 2007,” said Siminyu. Malaria endemic in Kenya on the decrease By BRIGHTON KAZUNGU ing malaria, saying it has managed MALARIA is considered to be to purchase over seven million rapid among killer diseases in Kenya, ac- diagnostic test kits to help in testing counting for 20 per cent of deaths in for malaria. pregnant women and children under “Rapid diagnostic test kit is a the age of five. According to Kenya simple test for malaria which doesn’t Medical Research Institute (KEMRI), require a lot of training. Otherwise between 30-50 per cent of all outpa- malaria can be tested in two ways; if tient and 20 per cent admissions in you have to test for malaria, you have public hospitals suffer from malaria. to take your patient to the laboratory, KEMRI says that 24 million out of whether you are a gynecologist who the country’s population are at risk of is managing a pregnant woman or a the killer disease. pediatrician managing a child, ex- However, malaria prevalence in plained Dr. Njagi . Adding that the Kenya is reported to have declined people at the laboratory must have significantly over the last ten years sharp eyes to know how they are go- mainly due to measures put in place ing to sign in blood, observe and see by the government, non-governmen- the parasite. But for rapid diagnostic tal organizations and other stakehold- test you just need a reaction which ers. Although the prevalence rate has will give you either a positive or a gone down especially in high risk negative result based on that”. areas, malaria burden in the country The health officer said that the has not eased up. Malaria deaths and kits will be distributed in all govern- sickness have declined but much has ment and faith based hospitals to help to be done to reduce infections before reduce expenditure on drug usage. a permanent vaccine is found. It is Dr. Njagi assured Kenyans that still a threat to human life especially the kits will be enough for all pub- pregnant women and children less lic health facilities countrywide. He than five years. urged hospitals or dispensaries that Scientists researching on the ma- have not received the diagnostic kits, laria vaccine are in the final phase and to be patient as they will receive them have been working round the clock Malaria vaccine. Malaria is considered to be among killer diseases in Kenya. soon. “Much more kits are on the to ensure it succeeds. The scientists way and are expected to last for the anticipate that by 2015, Africa would an Officer in the Division of Malaria and Intermittent Preventive Treat- in areas around the Coast, Western next five years,” he added. have malaria vaccine with an efficacy Control in Kenya, three out of four ment (IPTP); which is assumption Kenya, parts of Nyanza and Rift Val- Nancy Njoki, Population Survey of 50 per cent to last for a period of people in Kenya are at risk of con- given to any pregnant woman in the ley regions were initially very high Institute (PSI) in Kenya said only one year. By 2025, more develop- tracting malaria and the rate varies high risk malaria regions who visits but due to double interventions, the 3.5 pregnant women sleep under the ments of vaccine would be out with from one area to another. Speaking the clinic for antenatal checkup,” said rate has gone down. mosquito nets. She said 2.4million an efficacy of 80 per cent and expect- during World Malaria Day, Dr. Njagi Dr. Njagi. Dr. Njagi said ignorance, miscon- nets are distributed annually to 3,300 ed to boost body immunity for four said that different interventions have Dr. Njagi affirms that IPTP entails ception and lack of information has health facilities across the country for years. been put in place to deal with malaria administration of a curative dose of been a great challenge to the success free to pregnant women and children Although the fight against malaria in different parts of the country. an effective antimalarial drug which of the malaria projects in many parts under five years old. seems far from over, statistics from He attested that policies to contain is given at each routine antenatal care of the country. He urged Kenyans “We have been giving free mos- Kenya Malaria Indicators Survey the spread and infections are in place visit, starting in the second trimester. to ensure they always protect them- quito nets to pregnant women and (KMIS) show that 30, 000 Kenyans to help deal with the disease and en- The doctor added that presently selves from malaria parasite by sleep- children under five years in areas died last year (2012) alone due to ma- sure full control of the malaria para- there are four in every ten people with ing under a treated mosquito net all dominantly infested with mosquitoes. laria, while over 100, 000 pregnant site. “The government has ensured malaria as compared to the past rate the time. This is one way of fighting malaria by women were diagnosed with malaria. usage of treated mosquito nets around of seven people in each ten. She add- Moreover the doctor stated the preventing it, which is cheaper than According to Dr. Kiambo Njagi, these regions, indoor residual spray ed that the prevalence rate for malaria government’s commitment in fight- treating it,” Njoki said. The Link, June 2013 GOVERNANCE 15

By MALACHI MOTANO DEBATE on the constitutional- Bobasi ity or otherwise of the Constitu- Need to amend CDF Act ency Development Fund (CDF) “government” is not specified provision under the CDF Act. expectations. People with no residents between MPs and the Constitu- to mean National or County The danger of letting loose known means of earning a tion Implementation Commis- government. Predictable is people to “elect” will saddle livelihood can be extremely reject CDF sion (CIC) has died. CORD is protracted pull and push as CDF with “popular” but der- poor managers of “govern- on a generality tangent to be players flex financial and po- elict and incompetent fellows ment” resources. committee the watchdog that will ensure litical muscle among Cabinet who will treat CDF funds as The Senate, which is the By BOB OMBATI devolution is implemented. secretaries for Treasury and pocket money. overseer of County funds, can Civil society that would gener- Devolution; Governors, Sen- The influence will be exert- initiate an amendment bill RESIDENTS of Bobasi constitu- ously upload on any seeming ate and National Assembly as ed on them more by briefcase to have oversight over CDF, ency in Kisii County have op- obstruction to the Constitution they wade through the appli- contractors seeking to rip CDF and craft managerial relation- posed the mode used to constitute is suspiciously mum. cation of the Public Finance coffers. The MP will not be the ship between CDF and County the Constituency Development There is inertia. In the governments. But this is easi- Fund committee, saying it was un- Management Act and the four wiser to it, but if they are, they democratic. void, formation of CDF com- laws on devolution. face wrath from the people er said than done. Given that mittees has kicked off. There The locals who held demon- The result will be stag- and the recall clause will settle politics is all control of mon- strations in the constituency pro- are obvious gaps in the CDF nation if not collapse of the matters. A set of basic educa- ey, will MPs cede this lucra- tested against the area member of Act 2013, gaps that do not whole devolution experiment. tion qualifications will do no tive avenue for crony rewards parliament, Stephen Manoti, alleg- take into account the thrust The MPs seem to have the up- harm in ensuring the com- and agree to share the politi- ing he interfered with the process. of constitutional principles on per hand as new CDF struc- mittees have the capacity to cal spoils with Senators, Gov- They accused Manoti of using devolution, and on the func- tures are operational by May participate; read, understand, ernors and County Assembly area chiefs to handpick their rela- tional spheres of National and 12, 2013. A word of caution comprehend and interpret Representatives? This is high- tives and friends to the committee, County governments. Specifi- to MPs; the elections of CDF documents apart from render- ly doubtful given the current stressing the local people were not cally, the CDF Act will soon heightened power play among given a chance to elect officials to committees require guided de- ing judgement informed by the committee. run into strong headwinds of mocracy beyond the general community needs not personal all these players at the county. the County Governments Act Consequently, eight Members of the County Assembly from area 2012 once county structures want the Mp to nullify the elec- are fully operational. tions and call for fresh elections If past implementation of lest they take legal action against “community” projects by line him. Bassi Boitang’are ward Rep- ministries is anything to re- resentative, Isaiah Mosota told member, a spectacle of dupli- members of the public during a cation and fraudulent claims meeting at Nyamache green sta- on funding projects and mis- dium that the Ward Reps were appropriation awaits oversight sidelined during the elections. and audit entities. The conniv- Terming the elections illegal and unacceptable, he claimed that ance between these players in the lawmaker used the provincial claiming funding credit for administrators to pick his cronies the same project and there- for his selfish interest. Bassi cen- fore stealing has been mind- tral Ward Rep, Henry Moracha boggling. Incredibly, we are said they would not recognize and headed the same route where work with the committee and told CDF will fund construction of the members to quit the CDF offic- schools, health facilities, cat- es to pave way for fresh elections. tle dips, feeder roads, and wa- Moracha noted that the locals ter projects, all of which are will not accept members imposed on them, adding that they will be constitutional County Gov- sycophants of the Mp and would ernment functions under the not be accountable to the con- Fourth Schedule. Fault lines stituents. “The officials should are galore. know they are in office illegally The CDF Act requires im- and should leave the office to plementation by “assistance pave the way for fresh elections” of the relevant department of said Moracha, stressing residents government” and all payments would not like to be denied their made through and “in accord- democratic right to elect their ance with government regu- leaders. The Ward Reps- Moracha, lations for the time being in Each and every Kenyan contributes towards CDF. It is therefore the responsibility of every Kenyan Bassi central, Robert Siocha, Bo- force”. The headwind here is to make sure CDF is well spent. basi Chache, Evans Zicko, Same- ta, Bonface Wright, Bogetaorio,, Nyaega Ongeri, Nyacheki, Peter Omari, Masige West, Haroun Ma- sase, Masige East and Mosota Kilifi County youth fund under-utilised Nyamweya, Bassi Boitang’are urged the constituents to maintain By LINK CORRESPONDENT uncollected at the offices. quired before they can access istered in a group with the depart- law and order as they pursued the “Bahari district was allocated loans adding that the Ksh 50,000 ment of social services and have matter. They said they will work MILLIONS of shillings earmarked Ksh 4 million during the last fi- loan given to a group to start a a bank account before they can together to ensure that fresh elec- for the Youth Enterprise Fund in nancial year which was supposed business was too low. access the funding,” said Ms Ka- tions were conducted and right, Bahari District of Kilifi County to be loaned out to youth groups in “Most financial intermediaries tunge. accountable and responsible peo- lies idle as the youth in the area the area but by the end of the year demand that you produce collat- Kilifi county commissioner ple were elected to represent the have failed to go for the money only Ksh 1.1 million had been eral before they can advance the Mr. Erastus Ekidor challenged interests of the residents, saying Records from the district taken leaving a balance of Ksh 2.9 loans. Most youth lack any form the youth to shun criminal groups they will not relent until their de- youth and sports offices in Kilifi million,” said Mr Sifa. of collateral and thus are unable to like the MRC and instead take mands were met. show that out of the Ksh 4 mil- The officer further said a total access funding,” said Mr Chilango advantage of funds disbursed by Constituents, who spoke at of 21 youth were awarded individ- The district youth officer Ms the government to engage income the meeting said that if the Mp lion set aside to benefit local youth maintained the CDF committee, through loans last year, only Ksh ual loans of between Ksh 25,000 Josyline Katunge said ignorance generating projects. among the youth was another ob- they will invoke the recall clause 1.1 million was loaned out. and Ksh100,000 through the gov- Mr Ekidor said the government and end his parliament term pre- According to the district youth ernment appointed financial inter- stacle which had hampered access had started a special loan fund for to the fund. maturely, stressing that the era of officer Mr.William Sifa, 22 youth mediaries the youth named Youth enterprise dictatorship was long gone. groups that applied for the loan The officer said lack of infor- “Most youth are ignorant and fund so that the youth can easily The residents urged the Con- last year were issued with Ksh mation about the youth enterprise thus have not applied for the fund- access loans and initiate income stituency Fund Manager not to 50,000 loans each totaling to Ksh fund had remained big challenge ing,” said Katunge. generating projects but some support the ‘illegal committee” 1.1 million. for them to access the funds. The officer said the govern- youth have not been utilizing it. saying he risked the wrath of the Speaking to the Link during Youth interviewed insisted that ment had relaxed most require- “It is wrong for some youth local people. They accused the a visit to Sanya Youth group at the stringent conditions attached ments to enable the youth to ac- to engage in criminal activities committee members of breaking Makata in Kikambala division of to the funds had forced them to cess loans but still some youth or join illegal groupings as the into the office and transacting busi- Kilifi district which benefited with shy away from the loans. have complained that the condi- government had set aside funds to nesses after the residents closed Ksh 50,000 loan, the youth officer Mr Josphat Chilango said that tions are tough. engage them in meaningful activi- them, saying they will eject them said a total of 2.9 million remained most youth lack the security re- “Youth only need to have reg- ties,” Mr Ekidor. from office if they stayed put.

The Link, June 2013 16 SPECIAL REPORT Constituency Development Fund Act 2013 Introduction for specific projects as submitted by the constituencies Members of Parliament will no longer wield immense powers in the EMBERS of Parliament will in accordance with the Act. management of the Constituency Development Fund (CDF). Administration of henceforth sit on CDF com- l All disbursements are to be Mmittees as ex-officio mem- made through the constituency the kitty has now been effectively transferred to a board official who will act as bers exercising only the oversight bank accounts. role on the projects. The AIE holder l Payments for a joint project the Authority to Incur Expenditure (AIE) holder and be accountable for any loss will however always consult with the may be made directly to a or embezzlement of money. Writes LINK CORRESPONDENT area MP on the analysis of the names supplier or an account proposed at the Ward meetings to sit established for the purpose at the CDF Committee before submit- with due approval of the Board. a list of proposed constituency based ency is to be determined in accord- but shall not include recurrent costs of a fa- ting them to the CDF board for for- l The Board is to set out general projects to the Board after approval by ance with the basis for allocating re- cility. warding to Parliament. The amended conditions and requirements the committee sources among counties approved by Funds provided under this Act cannot CDF Act mandates the MP to convene for release of funds, to ensure The act stipulates that the Board Parliament. be directed to support political bodies or po- forums in every ward in the constitu- efficient and effective compiles the list of proposed constitu- The budget ceiling for each con- litical activities or for supporting religious ency to deliberate on development management of resources. ency projects and submits the same to stituency is to be determined by the bodies or religious activities. matters in the area. Other changes l The Board may impose the Parliamentary Committee for ap- Cabinet Secretary in consultation with However, the CDF committee may by the Act involve the review of the reasonable requirements, proval. the Joint Committee and submitted to identify a religious body or organization as membership of the CDF committee including restrictions, on a The list of the proposed constitu- Parliament for approval. an appropriate specialized agency for pur- from 15 to 10 to make it leaner and particular constituency and ency projects are to be submitted to poses of emergency support. more efficient. The mode of constitut- such restrictions or the Board before the end of Febru- Types of projects submitted for Projects may include the acquisition of ing the CDF team will be nomination requirements are to be reported ary in each year or such other month funding vehicles, machinery and other equipment by Ward committees and relevant in- together with the monthly as may be determined by the Cabinet The CDF committee has the responsi- for the constituency stitutions returns to be submitted to the Secretary in order to ensure timely bility to ensure that the list of projects The Act regards sports activities as Cabinet Secretary in inclusion of the projects in the annual submitted for funding comply with development projects but excludes cash The functions of the Board include - accordance with this Act Government budget of a particular fi- the provisions of the Act and their to- awards provided that the allocation to such (a) to ensure timely and efficient nancial year. tal cost does not exceed the allowable activities does not exceed two percent of the disbursement of funds to every Allocation of Funds The project proposals are to be ceiling for the particular constituency total allocation of the constituency in that fi- constituency; According to the Act, once funds submitted on a Constituency Projects or is not below that ceiling. nancial year. (b) to ensure efficient management are allocated for a particular project, Submission Form and accompanied If the list of projects submitted Monitoring and evaluation of ongoing of the Fund; the money cannot to re-allocated to by minutes of the Constituency De- for funding contravenes the provi- projects and capacity building of various (c) to receive and discuss annual other projects unless approved by the velopment Fund Committee approv- sion, the same is to be referred back to operatives may be considered as a develop- reports and returns from the Board. ing the projects. the Constituency Development Fund ment project provided that not more than constituencies; If for any reason a particular All projects proposed for every Committee for amendment and re- three percent is allocated. (d) ensure the compilation of project is cancelled or discontinued constituency are to be listed in the submission. Environmental activities may be consid- proper records, returns and during the financial year, funds al- Form together with the cost estimates, Whenever the amount for projects ered as development projects for purposes reports from the constituencies; located for such a project has to be amounts allocated and amounts dis- in a constituency is less than the al- of this Act provided that the allocation to (e) receive and address complaints returned to the Fund and credited to bursed to such projects. lowable ceiling for reasons of projects such activities does not exceed two percent and disputes and take any ap the account of the constituency from being deleted in accordance with sub- of the total allocation of the constituency in propriate action; which the funds were withdrawn. Approval of projects section (3), or for whatever reason, that financial year. (f) consider project proposals sub However unspent funds can be The Act stipulates that Board scruti- the shortfall shall be indicated as unal- mitted from various allocated to any eligible project and nizes and approves for funding those located amount against that particular Number of projects constituencies in accordance such project may be new or ongoing project proposals that are consistent constituency on the list to be forward- The number of projects to be included in the with the Act, approve for at the end of the financial year. with the Act. ed to the Cabinet Secretary. Constituency Projects Submission Form in- funding those projects Where the Board does not approve clude a minimum of five and a maximum of proposals that are consistent Funds to be retained in the kitty in- a proposal, the Act states that the mat- Types of projects twenty; five for every constituency in each with this Act and send funds clude ter is referred to the Constituencies Projects to be funded under this Act financial year. to the respective constituency (1) All receipts, savings and accruals Development Fund Committee giving include community based projects in Constituencies with unspent funds at the fund account of the approved to the Fund. reasons as to, why it has declined the order to ensure that the prospective end of the financial year are to submit new projects; (2) All funds allocated to a constitu- proposal. benefits are available to a widespread proposals to the Board for approval in ac- (g) perform such other duties as ency are cumulative and can be car- The allocation of funds to various cross-section of the inhabitants of a cordance with section 10(5) of this Act. the Board may deem necessary ried forward from one financial year projects in each constituency is the particular area. Project activities of a similar nature in from time to time for the to the next, including funds returned responsibility of the Constituency Any funding under this Act is a a particular constituency may be combined proper management of the into the accounts. Development Fund Committe e to be complete project or a defined phase, and considered as one project Fund. exercised at its own discretion within of a project and may include the ac- Constituencies may pool resources for Project proposals the provisions of this Act. quisition of land and buildings. joint projects provided that the decision for Fund Disbursement The Act has vested the chairman of All projects may include costs re- such joint projects is first be approved by l All financial disbursements are the Constituency Development Fund Basis for budget ceiling lated to studies, planning and design the Constituency Development Fund Com- to be approved by the Board Committee with a mandate to submit The budget ceiling, for each constitu- or other technical input for the project mittee of each of the participating constitu- encies and reflected on the projects listed for each of theparticipating constituencies. Where constituencies have joint projects, the County Projects Committee co-ordinates such projects. Constituency Development Fund Com- mittee Each Constituency Development Fund Committee comprises- (a) the national government official at the constituency as may be designated by the Cabinet Secretary or an alternate; (b) three men nominated by the ward development committees and one of whom is a youth representative (c) three women nominated by the ward development committees and one of whom is a youth at the date of appointment; (d) one person with disability nominated by the ward development committees; (e) one person nominated from among the active Non- A CDF Project. Photo/File Governmental Organisations in

The Link, June 2013 SPECIAL REPORT 17 Constituency Development Fund Act 2013 Fund. The County Projects Commit- tee may, in the discharge of its func- tions under this Act, make official or impromptu visits to projects at such times, as it may deem appropriate. The County Projects Committee comprises — (a) the Senator, the Members of Parliament from the County, the county women representative and the Governor; (b) the ‘national government official at the county; (c) the Chairpersons of the Constituencies Development Fund Committees in that county (d) the officer in charge of the county treasury; (e) the officer in charge of county planning; (f) an officer of the Board seconded to the County Projects Committee who is an be ex- officio and serve as the Secretary to the County Projects Committee. The County Projects Committee elects a chairperson from amongst the members of the Committee who serves for a term of three years. Members of Parliament in session. Photo/File Meetings of the County Projects Committee are to be held at the county the constituency; (f) causing disharmony within the (c) a summary of the status of headquarters at least twice a year and (1) an officer of the Board seconded to the The first meeting of the CDF com- committee; disbursements from the Treasury not more than four times in every fi- Constituency Development Fund Com- mittee (g) physical or mental infirmity. to the National Account; and nancial year including sub-committee mittee by the Board who shall be ex-offi- The Fund Committee convenes within A member can be removed fol- (d) any restriction imposed on a meetings. cio and shall serve as the secretary to the the first sixty days of a new Parliament lowing a resolution of at least five constituency account in All County Project Committees Constituency Development Fund Com- or a by-election, by the national gov- members of the Committee and the accordance ‘with the Act. existing prior to a parliamentary elec- mittee. ernment official at the constituency or member sought to be removed given tion continue in office until a new The eight persons referred are to be in his or her absence, by an officer of a fair hearing before the resolution is Implementation of projects County Projects committee is consti- nominated through the following proce- the Board attached to the constituency, made. The Act vests the project management tuted dure- as outlined by the Cabinet Secretary. The committee may employ staff, committee with powers to oversee The new County Projects Com- (a) within forty-five days of The Chairperson of the CDF Com- not exceeding five in number, and the implementation process, with the mittees is to be constituted within being sworn in, each Member mittee in consultation with the Mem- such staff must have knowledge in assistance of the relevant authorities sixty days of a new Parliament being of Parliament for a particular ber of Parliament, the sub-county information and communications and all payments to be processed and inaugurated. constituency convenes open administrator, and the ward adminis- technology, construction and basic ac- effected in . accordance with govern- The Board allocates funds to public meetings of registered trator, within the first year of a new counting. ment regulations for the time being in County Projects Committee for ad- voters in each of the elective parliament and at least once every two The employed Staff can help in force. ministration purposes. wards in the constituency; years thereafter, convene open forum project monitoring evaluation, co-or- Where a project in a constituency (b) each ward then elects five public meetings in every ward in the dination and proper keeping of records involves the purchase of equipment, Finance and administration persons whose names are constituency to deliberate on develop- and such staff are to be remunerated such equipment is for the exclusive Every constituency is to open an ac- forwarded to the officer of the ment matters in the ward and the con- from the funds allocated for adminis- use of that constituency. count at any commercial bank, ap- Board in the constituency; stituency. tration and recurrent expenses. The Constituency Development proved by the Cabinet Secretary into (c) upon receiving the names from Each ward comes up with a list Fund Committee and the Board are which all funds are to be kept and such all the wards in the constituency, the of priority projects to be submitted to Projects Costs responsible for monitoring the im- an account is to be known by the name Member of Parliament in the Constituency Development Fund The Constituency Development Fund plementation of projects and may of the constituency for which it is consultation with the officer of the Committee Committee may make appropriate designate a sub-committee, a ward opened and each constituency main- Board and the sub county The Fund account manager sec- consultations with the relevant Gov- committee or a project committee, the tains only one account. administrator for the constituency, onded by the Board to the constitu- ernment departments to ensure functions of monitoring an on-going At least three signatories are re- appoints eight persons to the Board, ency is the custodian of all records (1) that cost estimates for the projects projects and submit a report on the on- quired for every cheque or instrument taking into account the geographical and equipment of the constituency are as realistic as possible going projects to the ward administra- for actual payment or withdrawal of diversity within the constituency, during the term of parliament and dur- . tor and sub-county administrator, and funds from a constituency account communal, religious, social and ing transitions occasioned by general (2) The Act directs that the CDF Com- the County Projects Committee. and at least one signature of an officer cultural interests in the constituency elections or a by-election. mittee ranks the projects in order of All fixed and movable assets, in- seconded by the Board and at least and the requirements of gender, Whenever a vacancy occurs in priority and whenever, in the opin- cluding equipment bought under this two signatures of two members of youth and representation of persons the Constituency Development Fund ion of the Board, the total cost of the Act for use by the Constituency De- the Constituency Development Fund with disabilities; Committee by reason of resignation, projects listed exceed the ceiling for a velopment Fund Committee is the Committee. (d) the eight persons are to elect incapacitation or demise of a member particular constituency, then the order property of the Board to be insured in The Fund account manager holds from among themselves one then the vacancy is to be filled from in which they are listed is to be taken the name of the Board. the authority to, incur expenditure of person to be the, chairperson the same category of persons where as the order of priority for purposes of No asset or equipment acquired the funds at the constituency account. of the Constituencies the vacancy has occurred. allocation of funds, provided that on- can be disposed of without the prior Funds from the constituency ac- Development Fund Committee The Constituency Development going projects take precedence over approval of the Board. count shall only be withdrawn as dis- for the constituency; Fund Committee meets at least six all other projects. Any proceeds that may accrue bursements for a particular project. (e) upon conclusion of the election times in a year and not more than from the disposal of any asset is to be Every payment or instruction for of the chairperson, the officer twenty four times in every financial (3) The Board submits a quarterly credited to the account of the constitu- payment out of the constituency fund of the Board forwards the year including sub- reports on projects and reports to the ency account is strictly on the basis of a names of the ten members of A member of the committee may National Assembly Select Committee All works and services relating to minuted resolution of the Constitu- the Constituencies be removed on any one or more of the disbursements detailing- projects under this Act are to be pro- ency Development Development Fund Committee following grounds- (a) a summary of the project cured in accordance with the provi- The Constituencies Development to the chief executive officer of (a) lack of integrity; proposals received from the sions of the Public Procurement and Fund has been enhanced under the the Board for onward (b) gross misconduct; constituencies in the preceding Disposals Act 2005. new Act to include 2.5per cent of all transmission to the Cabinet (c) embezzlement of public funds; month and indicating the the national government ordinary rev- Secretary for gazettement; (d) bringing the image of the approval status of such projects; County projects committee enue collected in every financial year; (f) The Member of Parliament for committee into disrepute (b) a summary of the status of A County Projects Committee is to be The fund is to be disbursed by the the constituency is an ex- through unbecoming personal disbursements of funds to the established in every County with the national government through the CDF officio member of the public conduct; constituencies for that preceding aim of coordinating the implementa- Board as a grant to the Constituen- Committee. (e) promoting unethical practices; month tion of projects financed through the cies. The Link, June 2013 18 GOVERNANCE Youth in Kisii County irked by the composition of cabinet Govt urged to halt By BOB OMBATI rum’s Treasurer, Richard Ndege and and Economic Planning. fuelled conflicts. pending evictions Secretary, Justin Omwenga said all During the launching of the Coun- “The youth must learn to engage By BEKADZO TONDO YOUTH leaders from Kisii County youth in county will sign agreements ty’s Rapid Results Initiative (RRI) at in meaningful activities and stop be- want the County’s Executive Com- with the leaders and commit them to Ufanisi hotel, Ongwae defended his ing selective. Take it up as you wait to THE National Land Commission has mittee reconstituted afresh to foster appoint them to various posts if they cabinet, saying it comprised of highly be employed in the formal or private challenged the government to halt any fair representation. capture power to avoid being short qualified and experienced profession- sector” Ongwae told The Link in his plans to evict squatters residing in dis- Led by the County’s Youth De- changed. als who will steer the County to great- office. puted areas across the country. velopment Forum President, Dennis Ongwae’s cabinet, noted Orioki er heights of development. He told the The County’s economy, noted The commission chairman Dr. Mo- Orioki, they said they were not rep- had members aged between 36 and youth to stop complaining, noting that could only be improved if youths were hamed Swazuri said the government resented in the County’s Executive 60, stressing that none of them ranked the County had many jobs and they engaged in productive activities, say- had appointed a special task force to Committee, saying none of the Com- within the stipulated youth bracket as will be absorbed once the County re- ing the area was endowed with mas- investigate the controversy surrounding community land ownership and should mittee members was a youth. they had surpassed the youths consti- ceives funds in July. sive human and agricultural resources Orioki, who spoke at a Kisii ho- thus suspend any pending evictions until tutional threshold of 35 years. Youth with professional skills, which were yet to be fully exploited. the task force completes its work. tel recently after chairing the forum’s The Governor appointed , Peris Bi- stated Ongwae will be given relevant Agro-based industries, asserted Mr Swazuri said the Task force board meeting, alleged that qualified tutu, Administration, Corporate servic- formal jobs while those without skills Ongwae would be set up in the area which is set to complete its work by the youth who applied for the jobs were es and Stakeholder management, Vin- will be supported with loans and to process horticultural crops, create end of June this year has been mandated not considered on the grounds of ex- cent Sagwe, Agriculture,Livestock, grants to start income generating ac- jobs and boost the incomes of the lo- to come up with recommendations that perience. Fisheries and Cooperative Develop- tivities to boost their standards of liv- cal people, whom, he noted were be- will enrich final draft on Eviction and They said it was not possible for ment, sarah Omache, Health Services, ing, stressing it was not possible for ing exploited by middle men due to Squatter Resettlement bill. the youth to gain experience if they Skitter Mbugua, Energy, Water Envi- the County to employ all the youth. poverty and ignorance. The chairman warned of possible were not given a chance to serve, say- ronment and Natural Resources and The Governor assured youths they Middlemen, said Ongwae bought flare-ups if the police and the offic- ing even those who were appointed John Omwoyo, Roads, Public Works will be given equal chances regardless bananas, sugarcane and avocadoes ers from the provincial administration worked elsewhere as youths and Transport and Housing. of their political party affiliation, say- from the area at throw away prices proceed to execute the eviction orders gained experience. Other County Executive Com- ing he was concerned more with qual- only to sell them expensively in other granted by the judiciary. “The National He urged Governor Ongwae to re- mittee members are; Ibrahim Omari, ity services and not political parties, counties as the local farmers wal- Land Commission strongly feels that the constitute the Committee and embrace Trade and Industry, Marcela Otuke, which, he termed as vehicles for help- lowed in abject poverty. government must be careful when ex- youths, stating that it was ironical that Culture, Sports, Youth and Social ing leaders capture leadership. Farmers, noted the Governor will ecuting court orders to evict squatters,” the leaders harped on their plight dur- warned Dr. Swazuri when he presided Services, Moses onderi, Land, Physi- He advised youths not to wait for be assisted to form cooperative so- over a ceremony to open the refurbished ing the campaigns only to ignore them cal Planning and urban Development, white collar jobs but instead engage cieties to enable them benefit from during key appointments to the Coun- land registry offices for Kilifi County. Kodek Omwancha, Education, La- in income generating activities to eke economies of scale, saying action will The chairman who was accompa- ty Government. bour and Manpower Management a living and stop relying on their ag- taken against brokers who exploited nied by the Kilifi County governor Mr The official, flanked by the - Fo and Samwel Kebati Osoro, Treasury ing and impoverished parents as this farmers for their selfish interest. said many Kenyans risk evictions across the country after land owners obtained eviction orders from By HENRY OWINO the courts. He said Mombasa County was leading with 18 pending squatter ALTHOUGH the devolved systems Ethnicity threatens to eviction orders adding that other regions of government were meant to bring with similar problems include Kilifi and services closer to the people, the new Laikipia counties. created county governments are faced Dr Swazuri said land remains very with a myriad of teething problems. derail County governments emotive in Coast region and unless the Currently there have been lots of government comes up with clear polices fights and disputes concerning the to resolve the problem, then land related county leadership nominations. Most conflicts will persist. “Matters touching of the appointments are dominated on land are very sensitize especially in by one ethnic group despite constitu- the Coast region and the government tional requirements that all appoint- and the judiciary should come up with ments in the public sector must uphold clear guidelines on how to execute evic- regional and ethnic balance. tion orders without causing harm to any- The National Cohesion and In- body,” said Dr Swazuri. tegration Commission (NCIC) have He said that while Kenyans have a criticized county governments for right to own land anywhere in this coun- try, it is against the rules of natural justice their skewed appointments. Mzalendo for well connected individuals to obtain Kibunjia, the chairman, NCIC said the court orders to evict squatters. He said it nominations and appointments failed was inhuman for government officers or to factor in the country’s ethnic diver- hired companies to storm disputed land sity. Kibunjia wondered why other to demolish houses at night and render minority communities living amongst thousands of Kenyans homeless. the bigger ones have been ignored in The chairman said the special task the appointments yet they are part of force was given a mandate to collect in- the county. Kibunjia reacted angrily formation from Kenyans and investigate saying the move is deliberate to side- circumstances under which the squatters line other ethnic groups who might settled on the said land, how the people have migrated to those regions claiming ownership over the said ac- He said one of the things the Com- quired it and come up with a clear frame mission will do, is to move with speed work of executing the orders. to most affected counties to ensure The most recent eviction order from that an element of inclusivity is upheld the Mombasa high court is that which right from the beginning. The chair- seeks to evict thousands of squatters liv- ing in a parcel of land at Takungu alleg- man also declared it as a campaign on edly owned by the Mazrui family which nationhood. He explained this would was issued by the end of last year. help to conserve the counties on the But Dr Swazuri argues that such national values that cut across all 47 evictions could cause problems and thus counties, as well as helping them de- Mzalendo Kimbujia,chairman NCIC wondering why ethnicity taking toll in county governments. the commission must hold talks with velop their respective ethnic policy. Photo/Henry Owino the government to come up with bet- The Constitution allows Kenyan ter ways of handling squatter eviction citizen to live in any part of the coun- body from Kuria community living people are going to look at their tribes will move the matter to Senate to be matters. Governor Kingi urged the com- try and be treated with respect with- in Migori county and other ethnic then some counties would not develop debated upon and be explained to why mission to investigate and repossess all out being discriminated on the basis communities? Kibunjia asked. Gone but have persisted wrangles. some counties received more money government land irregularly allocated to of race, religion, creed, tribe or gen- is the era when people used to be Commission is now planning to than others yet have equal challenges. influential people in the county. der. However, it is this discrimination identified or recognized by regions/ involve elders who are believed to be “There is a plot to kill devolved He said cited the land marked as the based on ethnicity that has derailed provinces they come from. Today the experienced in their counties to help system of government in this country. residence of Kilifi County Commissioner developments of the counties. constitution is very clear and you can them resolve the matter. The elders are We are not going to accept this to hap- which he said had been grabbed by a pri- “Kenyans have integrated them- live in any part of the country as long going to be basically advisers to the pen at whatever cost. Kenyans wanted vate developer. He further cites the land selves and migrated from one region belonging to the Ministry of Housing in as you are a Kenyan citizen,” he em- commission. Members of the CORD it, voted for it and now some few indi- Kilifi town which he claimed had been to another through inter-marriages, phasized. coalition party have also come out viduals are fighting for its death! No allocated to former cabinet minister. professional activities, and adventure. According to NCIC chairman, sharply and criticized the allocations way, this is a new dispensation with “There are many cases of land grab- In those places, they have settled and Mzalendo Kibunjia, any persons of county funds. Led by leader of Mi- new ideologies,” Jakoyo emphasized. bing in Kilifi county especially at the lived for years despite the fact they are who reside in a particular county, is a nority in the Senate House, Jakoyo Only time would tell if the county County headquarters and I want the Na- native speakers of that particular com- member of that county and should be; Midiwo, they claimed the distribution governments will ever materialize and tional Land Commission to revoke the munity,” Kibunjia said. nominated, appointed for posts and in- of the money did not meet specifica- the Kenyans 40 plus million realize allocations and revert them to county “How would you neglect some- volved in decision making. He said if tions required by law. Jakoyo said he their dream. government,” said Mr Kingi. The Link, June 2013 GOVERNANCE 19 Row over CDF, an unnecessary distraction from Devolution By MALACHI MOTANO our fair comment on the row over the ment. The clamour to increase the before the ink has dried. Constituency Development Fund, pit- And now that Kenya has success- amount alloted to the CDF was meant It would be tragic to see the nega- THE purpose of fresh legislation or ting MPs against governors, the Con- fully adopted the desired devolved to spur economic growth and social tive traits of unashamed raiding of the even revising existing laws is to make stitution Implementation Commis- governance structure, it is disheart- development in readiness with the big- county treasury, meaning Kenyans it more relevant, avoid unnecessary sion, (CIC) and Kenyans at large. The ening that a few new legislators and ger role counties shall have in deter- will just have devolved all the nega- conflict, put a stopper on leakage of CDF was a central government’s way some carryovers from the Tenth Par- mining their developmental priorities. tive traits of the old order. public funds, and allowing for all ac- of decentralising financial resources liament want to amend the CDF Act to It is now emerging that proponents of As the President promised in his tors to operate under one set of laws to the grassroots so that the public allow themselves greater control over the CDF Act 2013 were preparing the address to Parliament: “Mechanisms and parameters. could have a direct input into what the CDF. But, like the CIC argued way for their return to office as county for resolving the minor administrative Anything short of this is equiva- constituted priorities in development. in a full page advertorial, this would chiefs to manage this poorly-policed challenges are already in place be- lent to throwing the citizenry under Hailed as historic and practical, it has be unconstitutional, a betrayal of the cash cow. cause my Government is committed the bus and disrespecting their right to been the focus of study by other coun- reasoning behind devolution. It would However, greater vigilance afford- to devolution in full.” a better life. Citizens, therefore leave tries that seek to replicate it or borrow negate the need for county CEOs in ed by the new political dispensation The Head of State and the CIC it to experts and/or elected members from the model. the name of governors who are meant has left most functions and positions must, therefore, ensure unscrupulous of the National Assembly or consti- Sadly, one audit after another indi- to handle the day-to-day affairs of of authority operating in full public characters and spurious legislation tutional commissions. That is not a cates that MPs used it to settle scores their counties. glare like goldfish as they stand to be do not derail the national agenda for licence to try new things and experi- with political foes, and used it as a Devolution did not envisage legis- surcharged. Of course governors will the greater good that the supreme law ment with the lives of taxpayers. Re- slush fund to reward family and cro- lators circumventing the county plan- be happy to see MPs’ attempt to en- promises. member, amateurs built Noah’s Ark, nies. However, where the fund was ning and budgeting teams, thereby croach on their turf defeated and this while experts built the Titanic. properly used, peoples’ lives were duplicating roles and wasting the pre- could be the beginning of the Senate’s This reasoning is what will inform revolutionised, lending further sup- cious little development funds availed moment to shine as they ensure some Kilifi County faces port for a devolved system of govern- to counties. laws are stopped in their tracks even an acute shortage of medical personnel Govt urged to manage waste water menace By BEKADZO TONDO By HENRY OWINO GOVERNMENT plans to recruit trained nurses in Kilifi County under the AS the Government grapples with the Economic Stimulus Project hit a snag challenges of supplying clean and safe after it emerged that the County could drinking water, waste water manage- not raise the required number of quali- ment which mainly emanates from fied staff. homes, commercial farms and indus- The District Medical Officer of tries remains a major problem. Health Dr. David Mulewa said the re- Waste water is supposed to be treat- cruitment exercise failed to address the ed before it flows into the rivers, lakes, shortages as the number of applicants oceans and seas but inadequate treat- was far below the number approved ment facilities means that it is mostly under the project. He said that local released in a raw and pungent form. health facilities are still grappling with Population growth is exerting sources shortages and require about 200 nurses of water, some of which are getting depleted due to land degradation and to bridge the gap. climate change. This means that waste “Health facilities in Ganze and Ba- water should be recycled in order to hari districts of Kilifi County have to maximize on water resources for reuse. content with the shortage as the current “Waste water is a resource of in- figure of 92 nurses translates to about 45 creasing global importance because percent of the total number of required of its growing volumes,” says Dr. Bir- nurses,” said Dr. Mulewa guy Lamizana of the United Nations Dr. Mulewa said this is despite an Environment Programme (UNEP). “ approval by the Ministry of Health to re- Meeting the waste water challenge , is cruit 20 qualified nurses in each constit- no longer a luxury but a prudent and uency. “The Ministry of Health through practical step in boosting public health, the Economic Stimulus Program had securing the sustainability of resources allowed us to recruit at least 20 nurses and triggering employment in better, in each constituency to address the acute more intelligent water management,” shortage of nurses facing most health she adds. facilities but we have been unable to fill Faced with difficult economic situa- in the vacancies as there are qualified tions and climatic conditions, the urban nurses in the County,” said Dr Mulewa. poor are already recycling waste water. According to the MOH, all the slots This is not treated but used raw for agri- cultural activities in the city farms. To- had been reserved for the local people day 10 per cent of the world’s popula- in a bid to ensure that government posi- tion depends on food grown with waste tions are shared equitably. water. At least 20 million hectares in 50 Dr Mulewa who is in charge of Ba- countries is irrigated with waste water. hari and Ganze districts however said Research shows that the poor living in Harvested yams grown on waste water farm in Nairobi Dam. Photo/Henry Owino that they had received very few applica- cities use waste water to grow crops for tions at the end of the exercise and thus sale and therefore earn a living. and bananas. brings up challenges of infrastructural services, and it should therefore be easy were unable to fill the positions. The Unlike fresh water, which can be While it is relatively easy to remove availability and inadequate regulation. to raise money. If not, County Councils MOH said was the scarce and expensive, wastewater is free disease causing organisms from waste In Kenya, for instance, majority of should seek money from National Gov- most affected and had the least number and readily available. Waste water ena- water, it is difficult and expensive t o towns lack a sewer system, and there- ernment or from banks,” says Nabutola. of qualified personnel. “Only seven peo- bles farmers to grow crops throughout remove toxic chemical substances. Re- fore do not have a waste water treatment Regulation on waste water is poorly ple had applied for the positions by the the year regardless of the season. More search done by Prof James Kaluli of facility. Households and businesses rely enforced, that explains why waste wa- time the recruitment came to a close, importantly, farmers who use waste wa- Jomo Kenyatta University and Tech- on septic tanks, which must be emptied ter irrigation has become so prevalent. leaving a gap of 15 slots,” he explained. ter do not require fertilizer because the nology (JKUAT) found high levels of using exhauster trucks. In some cases, the law does not specify He said man- water has more than adequate nutrients. heavy metals in a sample of vegetables Even in the few towns that have a what quantity of pollutants can be re- aged to meet the required number of 20 In fact crops grown this type of water, grown with waste water. waste water treatment facility, certain garded as safe or harmful. Such gaps applicants and urged leaders in Ganze are ever green and fresh attracting ready The heavy metals included mercury, problems exist as explained by Cath- need to be addressed before waste water to assist his office to get the required market from city residents especially cadmium, lead, chromium and nickel. erine Mbaisi of National Environment recycling is institutionalised. people. The MOH spoke as Ganze MP from slum areas. It is believed that these toxic elements Management Authority (NEMA). “Large areas of sub –Saharan Africa Mr Peter Shehe pledged to use the CDF In the slums of Nairobi, urban farm- come from industrial effluent. When in- “Sewage treatment facilities are very are going to experience water shortages ing with waste water is a major source monies to enrol students from the area gested by humans, heavy metals accu- old and cannot cope with the increasing in coming decades. It is inevitable that in medical training colleges. Mr Shehe of employment for the poor. Not only mulate in the body and can trigger dis- load. Some treatment works are poorly there is fresh attention on the growing does it provide an economic lifeline, said it was unfortunate that employment ease. Children exposed to heavy metals managed and most do not receive ad- volumes of waste water and how it can slots earmarked for the residents cannot but it is a significant source of food for are at much higher risk. Lead, for in- equate funding,” explains Mbaisi. In be used. Urban waste water is valuable the city dwellers. Surveys have shown be filled for lacked of trained personnel. stance, slows down brain development. addition, farmers have been known to resource, but it must be treated and “I am requesting the Ministry of that some of the food grown with waste Handling of waste water can lead to vandalise waste water infrastructure so regulated,” says Dr. Birguy Lamizana water ends up in the more upscale parts skin infections. Prof Kaluli’s research in as to get water for irrigation. of UNEP. Health to reserve the slots to enable lo- of the city. Nairobi found that almost 60 per cent of However, Wafula Nabutola, a water To overcome the challenges posed cals who qualify for the positions to re- For instance, Kibera, Langata, farmers using waste water for irrigation expert in Nairobi refuses to accept that by the lack of finances, Dr. Lamizana apply,” said the MP Highrise, Woodly, Jamhuri, Ka- are aware of the health risks but lack lack of funding contributes to the dire recommends for innovative financing Mr. Shehe said education will re- wangware, Mathare, Korokocho, the money to buy gloves, overcoats and state of waste water treatment in Kenya, of appropriate waste water infrastruc- ceive priority during his five year po- Kariobangi,Huruma, Kangemi among other protective clothing. instead attributing the problem to poor ture. National plans on waste water litical term to ensure the area produces other estates in Nairobi. Crops mostly For waste water to be recycled safe- management. must have a long term outlook, while qualified people to manage their own grown and fetch good money are; yams, ly, it must be treated to remove germs “Every user connected to the water investment must be, “targeted and sus- affairs as stipulated in the devolved gov- kales, sweet potatoes, onions, tomatoes and harmful chemicals. In Africa, that system pays for water and sewerage tained”. ernments. The Link, June 2013 20 DEVELOPMENT Touts and drivers in Nyeri Kwale County trained on customer care launches By JOSEPH MUKUBWA worth clients. any woman since it is her constitution- all the times. A student leader Wambui Ngige al right to dress the way she wants. We Most men have since joined the a tree OVER 100 touts and drivers from Ny- said the touts and drivers trained also urge our leaders to talk about this group to ensure that the rights of eri County have been trained on how are capable of recruiting more to be issue openly and publicly and discour- women are protected. to carefully handle women wearing champions and join the campaign end age such matters,” said Ngige. The bystanders who also watch planting miniskirts instead of stripping them violence against women. However, touts who spoke urged as the drama unfolds have also been naked. “No one has a right to strip naked the women to try and dress decently urged to protect the rights of women. The matatu operators were trained exercise at a Nyeri hotel recently under the campaign against undressing women By BRIGHTON KAZUNGU in bus terminus dubbed “Strip Me Not KWALE County is set for Campaign,” a major reforestation pro- During the training, a group gramme to be implemented named The African Women’s Devel- opment and Communication Network under a five-year special (FEMNET) lamented that cases of un- supervision initiative in the dressing women in Nyeri and Kikuyu area. towns have increased targeting wom- The project is a joint ini- en who are dressed in miniskirts. tiative by World Wide Fund, “This is a clear indication that Kenya Forests Service (KFS) women are increasingly becoming and Kenya Marine and Fish- vulnerable in public places. People eries Research Institute in want to control their life including the Msambweni District and will personal choice of clothing and any entail the afforestation and other right,” said Kennedy Odhiambo prevention of destruction of who is the Femnet programme associ- forest cover. ate of the Men to Men Network. The project aims at con- Odhiambo therefore said there serving the unique ecosystem is need to empower members of the in Kwale including the 600 public operating in the bus terminus to hectares of Gogoni Terrestrial take action to curb these vices. Forest and the 700 hectares Femnet therefore spearheaded the Gazi Mangrove Forest. inter-gender dialogue to help men and KFS deputy director Emil- women to openly discuss salient is- io Mugo, who spoke during sues on sexual and gender based vio- the launch of the programme lence with the aim of preventing and mobilizing community action to stop at Makongeni Primary School the vice. recently, said the project was Okwallo Martins of Masculinity part of joint efforts to save the Institute said the main aim of the train- country’s forests. ing was to mobilize touts to be active “The plan will aid in prop- protectors of women dignity as their A participant making contribution during the training at a Nyeri hotel recently. Photo/Joseph Mukubwa er management of the forests in Kwale and the Coast re- gion, which have remained vulnerable to human activi- ties,” he said. He said fires posed biggest Court initiates plans to rescue challenge to forest conserva- tion in the region, adding that the burning of farms during planting season often causes Bungoma street children infernos. “KFS will provide an all By AGGREY BUCHUNJU After interviews and interro- Already land around Nama- lbasic nutrition, shelter and health terrain vehicle to help fight gations, Wanyonyi added that the sanda dam has been identified and care forest fires in the area,” he BUNGOMA Court users commit- team will take the rounded-up- it is now upon the sub-committee lbe protected from abuse, neglect, added. tee has formed a sub-committee to street children to the children’s to prevail upon Bungoma County harmful cultural practices, all He said he would also address the plight of street children court to obtain orders and direc- Governor, Kenneth Lusaka to liaise forms of violence, inhuman treat- push for commercialization in Bungoma town and other urban tions. with Bungoma municipal council ment and punishment and hazard- of tree farming and the pub- centers within the County. “Those found to be manage- so as to facilitate the construction ous or exploitative labour. lic to assist in the attainment The sub-committee chaired by able will be taken to rehabilitation process. The plan by court users com- of the 10 per cent tree cover Bungoma County Labour officer is centres or children’s homes while Mushrooming of street children mittee to remove these children target. tasked with a burden of establish- those deemed to be unmanage- is increasingly becoming a thorny from the town streets and take “We must practice good ing the urchins’ degree of indisci- able will be enrolled in approved issue not only in Bungoma County them to rehabilitation centres/chil- forest management and lay pline and background through in- schools,” the CSO representative but also in other counties across the dren’s homes is, however not the down strategies that will see terviews and interrogation. says. country. first attempt. us become a world class for- Other members of the sub- The exercise which is set to Members of the street children About a decade ago, Bishop est management and conser- committee include the Bungoma start in June will reportedly con- family are in most cases violent, Andrew Wafula of New Cov- vation country. It all starts County Children’s Court magis- tinue until the street children are unruly, pickpockets and hence pose enant Church removed them from with you and me,” Mugo told trate, Bungoma County Childern’s cleared out from towns within the a threat to town goers leave alone Bungoma town streets and took residents. officer, Officer Commanding - Po County. the business community. them to Luuya Children’s home. KFS has already an- lice Division (OCPD) Bungoma Rounding up the street chil- Confining them in rehabilita- However, within a month about nounced it intends to plant south district, Town clerk and a dren and arraigning them in the tion centres/children’s homes and three quarters of them had sneaked 10.5 million tree seedlings in representative of Civil Society Or- children’s court to seek orders and enrolling them in approved schools out and went back to the streets. the Coast region starting this ganizations (CSOs) operating in direction is however the sub-com- is timely and in line with the con- According to Bishop Wafula, year. Bungoma County. mittees short term solution. stitution of Kenya, 2010. the street children do not like stay- WWF Kenya Country The CSO representative on the The sub-committee’s long term Article 53(1) b, c and d of the ing in one place even if they are Conservation manager Sam sub-committee Mr. Martin Wan- solution is to get land for construc- constitution of Kenya,2010 states provided with food and other ba- Weru said local communities yonyi said that the team with the tion of Bungoma County children respectively that every child has a sics. must be involved if the coun- assistance of security officers will rehabilitation centre to cater for the right to: “They like moving from one l try is to succeed in forest and be rounding-up the street children ever increasing number of street free and compulsory basic edu- point to the other doing their own resource management. on Thursdays every week. children. cation things,” the bishop adds. The Link, June 2013 DEVELOPMENT 21

By JOSEPH MUKUBWA THE 2NK Matatu Sacco has intro- duced tracking gadgets to monitor Sacco introduces speed Port project speed in their fleet of vehicles to help minimize the rising cases of road ac- awaits funds cidents. According to the Sacco chairman tracking devices James Kahiro, the devices will ensure from the mal loan upper ceiling from Ksh On the new county government, Kahiro also urged the government that drivers stick to the prescribed 1.5 m to Ksh 2 million and for the the Sacco urged the government to to improve rural roads since the mo- limit to help reduce road accidents. emergency loan from Ksh 100,000 to ensure all matatu terminus are fitted torists have been spending most of County Govt He said the purpose of the devices Ksh150, 000 which indeed is an indi- with light to ease their work especial- their profits in repairing of vehicles is to ease the overall management of By BRIGHTON KAZUNGU cation of positive growth,” he added. ly for the night travelers. due to bad roads. the vehicles for the members, saving on cost and time. PLANS to transform Mom- The devices which have been fit- basa port into a free port ted by two national companies since will proceed once the coun- the beginning of this year can help to ty government allocates track the vehicle within the country Ksh.1 billion towards the and outside the country. project. “The immediate goal is to have Local and national lead- sanity restored on our roads through ers have over the years monitoring speed and ensuring that pledged to transform the our drivers stick to the prescribed facility into a free port but limit, hence reducing road accidents. this never happened. We want to prioritize the road safety But Governor Ali Hassan measures,” he added. Joho has, in his Kshs.33.9 Speaking during the 19th an- billion budget estimates nual general meeting held at PCEA for the 2013/2014 financial Nyamachaki, Nyeri town recently, year, allocated Kshs.1 bil- the chairman said the Sacco has also lion to buy land for the de- acquired a big screen which helps to velopment of the free port. monitor the vehicles. “My county has ear- He therefore urged all the 500 members to ensure all their vehicles marked Kshs.1 billion to are fitted with the device to enable the purchase land and for the Sacco move at the same pace. construction of the facilities “There has been a big change and so that we can be able to re- accidents have reduced tremendously. alize the dream of having a We want to bring down the number of free port,” he said. road accidents to zero,” he added. “The project will boost Meanwhile, the AGM resolved trade and new investments that Ksh 14. 7 million be paid as divi- in Mombasa and help eco- dends to members which is a great nomic growth and creation improvement from the year 2011 with of jobs for our people,” he Ksh 6.5 million dividend payments. 2NK Matatu Sacco members follow proceedings during the 19th annual general meeting held at PCEA added. “We have also reviewed the nor- Nyamachaki, Nyeri town recently. Photo/Joseph Mukubwa He said tourist arrivals in the coastal town would also be boosted. The governor said the Rehabilitation of rural access roads tops the agenda in Busia County county would work with By NYAKWAR ODAWO to source maize from a neighbouring Meanwhile, Busia County speak- every ten children below the age of the national government to country at a very high price,” lament- er Bernard Wamalwa has called upon ten, five are mentally retarded. speed up the transformation BUSIA County government plans ed Ojaamong. all the revenue collectors in Busia to On the utilization of the project of the port. to set aside funds during this finan- He appealed to the department of redouble their effort and ensure they funds, Wamalwa said that the county A free port is an area cial year to facilitate the buying of at agriculture to post more field officers gather more revenue from traders in leaders have already laid down a strat- that offers relaxed customs least seven graders that will be used at the grassroots level to sensitize and order to improve service delivery. egy that would ensure effective pro- duties and controls. It is lo- to rehabilitate all rural access roads in empower local farmers so that they Wamalwa who was addressing the cedures are put in place to ensure the cated near a port. the county which are currently in bad can be able to engage in active agri- stakeholders during a one day sensiti- taxpayers money is spent in a trans- Mvita MP Abdulswa- shape. culture through the provision of farm zation forum held at a Busia hotel re- parent and accountable manner by mad Shariff commented the The Governor and former Ama- inputs which includes certified quality cently said that he will seek to uphold those charged with the responsibility. county bosses for setting goro Member of Parliament Sospeter seeds and fertilizers among others. the rule of law. On garbage collection, the county aside funds for the project. Odeke Ojaamong who presided over “The department of agriculture “We shall implement the County speaker said a portion of the county’s Mr. Shariff said the free has a major role to play as far as Assembly Act and ensure the same is budget will be set aside for the pur- the official opening of the county’s port would transform Mom- first assembly said that the county the promotion of agriculture is con- followed to the letter and in line with chase of an additional tractor to fa- will buy seven graders to repair rural cerned. The department should de- the constitution. We shall also visit cilitate effective garbage collection basa into a commercial hub. access roads. ploy more field officers on the ground every ward to enable residents partici- hence keeping the environment clean. He noted that leading The governor said that agriculture to work closely with the farmers to pate in project identification and pri- “A part from effective garbage car-makers and manufac- is the major economic mainstay in the ensure they produce quality food oritization process,” said the speaker. collection, the county will also set turers of electronic gadgets County and thus the need to improve crops,” he said. The County Speaker at the same aside part of its budget to facilitate the and textile products from all rural access roads to ease the trans- Nambale Township County repre- time assured residents that plans have buying of a spacious dump-site, pro- across the world would portation of food crops to the market. sentative Geoffrey Odongo, a former been put in place to scale up devolu- vision of street lighting, rehabilitation send their cargo to Mom- “Agriculture being the major ac- Busia branch Knut executive secre- tion training of local leaders, youth of all rural access roads, clean drink- basa for sale. tivity in Busia, a part from the cross tary, on his part called for the immedi- groups and the civil society organiza- ing water, opening of blocked sewer- He noted that the facility border trade, we as Busia County ate revival of the collapsed Nambale tions so that they can be able to moni- age and a modern town planning sys- would enable Kenyan trad- leaders shall allocate funds to buy cotton ginnery which he noted had tor the performance of the county tem among others. ers save a lot of money they seven graders to rehabilitate all our transformed the lives of the local government. Burumba ward county representa- normally spend on travel rural access roads,” said the governor. community. “We shall also build the capacity tive Tony Onyango Opondo under- to and accommodation in He urged all elected leaders in “The residents of Nambale are re- of county assembly representatives scored the need for the establishment Dubai to buy free port com- the county to encourage the resi- membering the collapsed cotton gin- so that members of the public can be of police patrol bases at the ward level modities. dents within their respective areas to nery with nostalgia. The cotton gin- enlightened on the operations of the in order to protect the local residents “Lots of Kenyans travel engage in active farming to so as to nery had effectively transformed the government,” he added. from persistent attacks by armed to Dubai to buy various enable the county produce adequate lives of the local community during “Busia County has a lot of natural goons who he noted had killed scores kinds of goods, including maize and other food crops instead its heyday as scores of farmers in the and human resources that if properly of innocent people. vehicles, because of the of depending on maize from a neigh- locality had been encouraged to en- tapped will go a long way in trans- “Security is paramount. Therefore free port trade in the United gage in active farming,” said Odongo. forming the lives of the people. But I am appealing to the county govern- bouring country. Arab Emirates,” he said. “Busia has rich agricultural land He cited other cotton ginneries it is surprising to note that majority of ment to consider setting aside part of which if well utilized can produce like Mulwanda which he noted had the residents have opted to engage in its budget to facilitate the establish- “If Mombasa port be- enough maize or any other crop, but also collapsed due to failure on the the lucrative cross border trade at the ment of police patrol bases at every comes a free port, local it is sad to note that majority of peo- part of the department of agriculture expense of farming,” said Wamalwa, civic ward to ensure there is adequate traders will save a lot of ple have opted to engage solely on the to work closely with the farmers adding that out of every ten people, security,” said the county representa- money. Our port will be lucrative cross border trade at the ex- through the provision of the necessary seven are poor. He at the same time tive, adding that insecurity was likely able to attract traders from pense of agriculture, hence forcing us expertise to keep them afloat. expressed concern saying that out of to send investors away. across the continent.” The Link, June 2013 22 GOVERNANCE Asian countries benefit from the booming textile industry By JOHN NYAMBUNE possible to produce the fabrics locally. garments for uniformed institutions He also urged Kenyans to be stead- products like fish, farm produces so “If we can wholly produce gar- like the army and police force. fast in ensuring other products not re- long as there is value addition,” he KENYA’S textile industry has regis- ment here and export direct to the The private sector, government lated to cotton like leather, vegetables said. tered remarkable growth with exports American market, then we will create and foreign investors are in talks on are also imported through African He said barriers that have been af- to the US market ranking to the tune employment at the same time hasten the possibility of reviving textile firms Growth and Opportunity Act (Agoa). fecting issue of duties associated with of Ksh.16.6 billion. its reach in the markets,” said Mr. like Kisumu Cotton Millers (Kicomi) “The country currently exports trade in the US like duty levies have However, the raw materials are Arora. as well as exploring other avenues. nearly 30 product lines out of the 6400 been removed so long as the products mainly imported from Asian countries He said it takes between 90 to 120 “We would like the government to eligible under Agoa,” he said. are wholly manufactured in the coun- and thus a huge chunk of the money days to import fabric from China, encourage farmers to once again give He said they have launched a try. ends up in Asia. products that can be supplied within a try to cotton farming,” he said, add- countrywide outreach programme to Agoa is a trade provision by the African Cotton and Textile Indus- 15 days if produced in the country. ing: “Ours is to ensure we provide a enable Kenyans take advantage of US government that offers tangible tries Federation executive director Arora called on the Government to market linkage between the producers Agoa. “We are trying to demystify incentives for African countries to Rajeev Arora said a lot of money is improve the cotton industry and help and international and regional mar- the thought that Agoa is only fabric continue their efforts to open their given to the Asian countries while it is save the amounts used in importing kets,” he said. oriented because, people can export economies and create free markets.

By LINK CORRESPONDNENT HEREAS, the Constitution clearly demarcates the func- Wtions of the national and the Gaps in the CDF Act 2013 County governments, the following functions of the County government are dertake the function of County Planning fundamental: and Development as provided for in the (a) County planning and development Constitution. (b) Ensuring and coordinating the par- Article 104 (1) of the County Gov- ticipation of communities and locations ernment Act, 2012 states that a County in governance at the local level and government shall plan for the County assisting communities and locations to and no public funds shall be appropriat- develop the administrative capacity for ed outside a planning framework devel- the effective exercise of the functions and oped by the County executive committee powers and participation in governance and approved by the County assembly; at the local level. The Constitution establishes the Article 104 (3) The County government County Executive Committee as the ex- shall designate County departments, cit- ecutive authority in the County govern- ies and urban areas, sub-counties and ment. Wards as planning authorities of the Article 179 (1) of the Constitution states County; that the executive authority of the Coun- Article 104 (5) County plans shall be ty is vested in, and exercised by a County binding on all sub-County units for de- executive committee. velopmental activities within a County. The Constitution further acknowl- The County Government Act, 2012 edges the principle of separation of pow- provides for the County to establish ers between the executive and legislative planning units. arms of the County government. Article - 105 (1) states that a County Article 185 (1) states that the legislative planning unit shall be responsible for— authority of a County is vested in, and (a)Coordinating integrated develop- exercised by, its County assembly; A section of the road under construction. Photo/File ment planning within the County; Article 185 (2) A County assembly may (b) Ensuring integrated planning within make any laws that are necessary for, or velop the administrative capacity for the liament for a particular constituency tions from the national government’s the County; incidental to, the effective performance effective exercise of the functions and shall convene open public meetings of share of the revenue, either conditionally (c) Ensuring linkages between County of the functions and exercise of the pow- powers and participation in governance registered voters in each of the elective or unconditionally. It is therefore uncon- plans and the national planning frame- ers of the County government under the at the local level. wards in the constituency to establish stitutional to allocate funds to the sub work; and Fourth Schedule; The Act disrespects the functional ward and constituency level develop- county level. (d) Ensuring meaningful engagement of Article 185 (3) A County assembly, while distinctness of County governments on ment committees. County government citizens in the planning process; respecting the principle of the separa- several grounds including: functions cannot be performed by an in- (iii) MP’s and Senators involvement (e) Ensuring the collection, collation, tion of powers, may exercise oversight a. The CDF Act provides a framework stitution under the National government in the implementation of projects storage and updating of data and infor- over the County executive committee for the assignment of funds to imple- unless under provision contemplated in through the County Project Commit- mation suitable for the planning proc- and any other County executive organs. ment development programmes in the Article 187 and 189 of the Constitution. tee violates the principles of separa- ess; counties without regard to the constitu- tion of powers: The County Government Act, 2012 Fiscal Transfers (Conditional and Un- tional distribution of functions between (ii) Disrespects Article 202(2) on shar- The CDF Act, 2013,Section 36,37 38 provides for the link between planning conditional) to County Governments: national and county governments. ing of revenue and 39 unconstitutionally provides for a and funding of development activities Whereas, the CDF Act, 2013 purports to CDF Act 2013 Section 3 provides that a. Ordinary revenue vs. National gov- leaders meeting called ‘County Projects in the County that respects the constitu- establish a national grant as provided un- a specific portion of the national an- ernment revenue Committee’ to undertake functions as- tional assignment of functions. der Article 202(2), County Governments nual budget is devoted to the constitu- signed to the county government and in Article 107 (2) The County plans shall may be given additional allocations from encies for purposes of infrastructural CDF Act Section 4(1-a) states that the contravention of the purpose for which be the basis for all budgeting and spend- the national government’s share of the development, wealth creation and in CDF shall be a national fund of moneys different elected offices are created. MPs ing in a County. revenue, either conditionally or uncon- the fight against poverty at the con- of an amount not less than 2.5percent of and Senators should restrict their roles to (ii) Emergency reserve ditionally. stituency level. all national government ordinary rev- oversight over the use of public funds The CDF emergency reserve duplicates The CDF Act is thus highly touted enue; this provision is unconstitutional the role of the County Emergency Fund. as unconstitutional on several grounds b. Types of projects as Article 202 (2) of the Constitution is 5. Inconsistencies in the CDF Act Section 12 of the CDF Act, 2013 pro- which include The CDF Act, 2013 states that the clear on the fact that the monies for the (i) County Planning Framework: vides (i) The Act disrespects the functional projects to be implemented should be conditional funds (CDF) will be sourced The CDF purports to undertake the plan- (1) A portion of the Fund, equivalent to distinctness of County Governments community based; CDF funds projects from the National government’s alloca- ning function for identification of CDF five percent shall remain unallocated Article 189(1) of the constitution pro- that fall within the functional jurisdiction tion of revenue. County Governments projects through its own institutions the and shall be available for emergencies vides that Government at either level of county governments. CDF section may be given additional allocations ward development committees, Con- that may occur within the Constituency. shall perform its functions and exer- 22(1) projects under this Act shall be from the national government’s share stituency Development Committees and (2) The Constituency Development cise its powers in a manner that re- community based in order to ensure of the revenue, either conditionally or the County Projects Committee. (CDF Fund Committee shall determine the al- spects the functional and institutional that the prospective benefits are avail- unconditionally’; sections 21, 22,23,and 24). location of the emergency reserve in ac- integrity of government at the other able to a widespread cross section of b. County vs. Constituency Both the County Government Act, cordance with the Act. level and respects the constitutional inhabitants of a particular area. 2012 and the Public Finance Manage- Sections 110 and 111 of the PFM Act, status and institutions of government CDF Act Sec. 4(1) (c) provides that CDF ment (PFM) Act, 2012 create elaborate 2012 establish the County Emergency at the other level and in the case of c. Establishment of development com- shall be disbursed by the national gov- mechanisms for planning and funding of Fund (CEC): CEC may with the ap- county governments within the coun- mittees for execution of county func- ernment through the Board to constitu- all county development projects. Under proval of county assembly establish ty level. tions encies as a GRANT to be channeled to Section 126 of the PFM Act it is antici- an emergency fund for county govern- The fourth Schedule of the Consti- The CDF Act, 2013 purports to the constituencies in the manner provid- pated that all projects within the county ments which shall me administered by tution clearly demarcates the functions assign national government and the ed for under the Act. will accord with the approved develop- the CEC member for finance. of the national and the County govern- members of the National Assembly the This contradicts the constitutional ment plan approved by the County As- We recommend Parliament to expe- ments, for instance; responsibility of mobilizing the commu- provision in Article 202(2), by stating sembly. The planning process provided ditiously review the CDF Act, 2013 to llabattoirs, county transport, markets, nity for purposes of establishing execu- that the national government disburses for under the CDF Act runs counter to comply with the Constitution failure to county public works and services. tive units at the sub County level without monies to the constituencies and not to this process and can lead to duplication which CDF may be scrapped entirely lCounty planning and development regard to the separation of powers of dif- the counties. The Constitution establish- of projects and consequent misuse and and deny counties a valuable source of lEnsuring and coordinating the par- ferent arms of government and the dis- es government at only 2 levels national misapplication of public resources. development revenue. ticipation of communities and locations tinctiveness of the levels of government. and county (Article 1(4). The constitu- The County Government Act, 2012 in governance at the local level and as- CDF 24(3-a) within forty-five days of tion is very clear that County govern- provides among other things an elabo- Compiled by the Institute for Social sisting communities and locations to de- being sworn in, each Member of Par- ments may be given additional alloca- rate framework for the County to un- Accountability The Link, June 2013 23 DEVELOPMENT Lack of public land stalls development in Kilifi County By BEKADZO TONDO cover. The officer named Kaya Chonyi, DEVELOPMENT plans in Kilifi Kaya Jibana and Kambe as the worst County are likely to be derailed due to hit areas by the forest destruction lack of public utility land in the area. through human encroachment. The County Governor Amason “As an office in charge of protec- Kingi says that most of the land in tion and conservation of forest cover the area was privately owned and thus in Kilifi County, we are faced with the likely to slow the pace of development challenge of controlling residents who in the County. entirely depend on the forest resources “The County Government is con- for their livelihood,” said Mr Mwam- strained in terms of accessing land utsi. He said though his office has within the urban centers of Kilifi powers to arrest and prosecute those county like Mtwapa, Mariakani, Maz- who illegally encroach in gazetted for- eras, Kaloleni, Kilifi, Watamu and est areas, it is not easy and the people Malindi as most of the land is private- encroach on the land at night. ly owned,” said Mr Kingi. The forest conservation official The governor at the same time said they will also rehabilitate degrad- warned potential land buyers to be ed areas like the abandoned quarries. on the lookout and avoid buying land He said most investors who en- from private developers who might gage in coral cutting and sand harvest- ing fail to rehabilitate the sites despite have acquired the land irregularly. Mr. Amason Kingi, Governor of Kilifi County. He said most private developers in existing laws which bind them into the Kilifi County were hurriedly dispos- are now sub diving the same land and subject of concern which must be ad- 116,000 tree seedlings in 116 hectares rehabilitation of the sites. ing off land and warned buyers that selling it to unsuspecting individu- dressed immediately ,” said Mr Kingi. of degraded forest areas. He said his office will liaise with they stand to lose as such land will als and my government is very much He said the proposed parking bay Mr Mwamutsi who spoke to The National Environment Management soon be repossessed by the county keen to ensure that the land reverts to for trucks at Mariakani will not only Link in his office said they have iden- Authority (NEMA) to prosecute indi- government. the county government ‘said Mr Kingi address the traffic jams but also enable tified areas to be reclaimed within the viduals who deplete the environment. Mr Kingi said he will constitute a Speaking at his office in Kilifi the county government an opportunity famous Arabuko –Sokoke forest. “The law is very clear that after special team which will be in charge town, Kingi said his government will to earn some revenue. The officer said other sites identi- one has finished harvesting sand and of collecting data from the govern- rid the town of traffic snarl ups at the The governor said his government fied for replanting include the sacred cutting coral blocks in the quarries, ment. “The team will also be able to mariakani Weigh Bridge. will approach the Kenya Agriculture Kaya forests and other gazzated for- they must rehabilitate the sites by identify all land irregularly allocated He said that plans are underway to Research Institute (KARI) to donate est zones. “The Kenya Forest Serv- replanting trees but investors have to private developers and recommend establish a parking bay for long dis- part of its land at Mariakani to help ice in Kilifi county aims at planting ignored the law and abandoned the for its repossession. tance trucks to ease traffic jams at the establish the parking bay. over 100,000 tree seedlings to restore dilapidated sites,” said Mr Mwamutsi. He said irregular land deals are Mariakani weighbridge. Meanwhile, the Kenya Forest the degraded forest areas,” said Mr He said abandoned quarries have rampant in Mtwapa, Kilifi and Ma- The County governor said the Service targets to plant over 100,000 Mwamutsi. become a dominant feature in Bofa in lindi adding that such land will revert trucks cause huge traffic snarl-ups at trees seedlings to restore the degraded Mr Mwamutsi said human en- Kilifi while the abandoned sand har- back to the county once investiga- Mariakani area along the Mombasa forest cover in gazzeted forest zones croachment, illegal logging and culti- vesting sites are common in Rabai and tions prove that they were illegally Nairobi highway as they queue at the in Kilifi county. vation had caused big damage to the Gongoni in . acquired. weighbridge. Sub county forest officer in charge forest cover. He said the over reliance The officer urged farmers to take “It is shocking to see that people “The huge traffic jam at Mari- of Bahari, Kaloleni, Rabai and Ganze on forest resources by human beings a leading role in conserving the en- who irregularly acquired govern- akani weighbridge along the Mom- districts Mr Nasib Mwamutsi said had undermined the protection and vironment by planting some trees in ment and public utility land in Kilifi basa- Nairobi highway has become a their office was targeting to plant conservation of the gazetted forest their farms to avoid soil erosion. Busia County set to generate ADVERTISING RATES

Your support as our reader or advertiser ensures that the stories Ksh5 billion in revenue that matter - the stories that help people make decisions about their education, health, governance, their livelihood, and their By NYAKWAR ODAWO to harmonize fees and charges, sen- Teso Sub-Counties, revival of sitize taxpayers to encourage them ginneries and Malakisi, Amuku- communities - reach them in a simplified but factual way. BUSIA County will generate an to pay their taxes willingly and ra and Nambale, fish bulking or estimated revenue of Ksh5bil- promptly, prepare a valuation roll multiplication centres in all Sub- How to Advertise lion during the financial year to boost revenue collection from Counties, upgrading the county 2013/2014. rates and strengthen internal control fisheries and training centres at Send us the details of what you want advertised and we’ll do the Addressing County Assembly systems to ensure that all funds re- Odiado in Samia , fish auction rest. These can be sent in electronic form as e-mail attachments or members after presenting the first ceived are properly accounted for. centres, completion of Mulu- in diskettes/CDs as well as hard copies. budget policy statement for the ‘We shall partner with donors to koba and Bumbe fish landing and next financial year at the County mobilize more funds to improve in- Tilapia filleting facility and the Assembly Hall recently, Busia frastructure more so irrigation, road completion of the construction of Our advertising rates are as follows: County governor Sospeter Ojaa- rehabilitation, health activities and a livestock production office at Full page colour Kshs. 72,000 mong said the county will now capacity building among others,” Matayos. Full page black and white (inside) Kshs. 40,000 govern itself and also manage its he said, adding that this will go a The governor at the same time political and socio-economic af- long way in meeting the expectation said Busia County government Half page (Black and White) Kshs. 20,000 fairs independently. s of the county residents. will also undertake upgrading of Quarter page inside Kshs. 10,000 He said the focus of the budg- On expenditure, Ojaamong said Marenga Cooperative cold stor- The Link Classified Kshs. 4,000 et estimates is on the production the county has budgeted to spend age facility to Nile perch process- Front Page Earpiece (colour) Kshs. 8,000 capacity of natural and human re- 63percent of the total development ing plant, upgrade border point sources. budget expenditure and 37percent export and import fish handling Front page strap Kshs. 6,000 “We, therefore propose to con- on recurrent expenditure. centre at Busia and Malaba, fish Back page strap Kshs. 4,000 centrate our funding to agricul- “However, no provisions have development revolving fund in Back Page Earpiece Kshs. 7,000 tural production, business devel- been made on personnel expenses partnership with a financial insti- Front Page Solus (colour) Kshs. 20,000 opment, Education and provision for some departments namely Agri- tution for all sub-counties and the of clean water to the people of culture and Animal Resources , Co- establishment of a sport fishing Back Page Solus (colour) Kshs. 15,000 Busia. To achieve this, the county operative Development, Tourism, camp in Sumba island in Buda- shall rely heavily on disburse- Trade and Industrialization among langi Sub-county. Special Rates ment from the Commission on others,” he said adding that the of- “To uplift the standards of ed- We offer very special rates for advertisement of charitable activities Revenue Allocation amounting ficers working under the affected ucation in the county, we propose programmes or services. To get special rates, contact the Editor or to sh4.8billion with Ksh229mil- departments have already been to allocate funds to facilitate the lion from local revenue sources budgeted for under the National construction of 420 Early Child- the Editorial Assistant. which include rates, single busi- Government. hood Centres in all public prima- ness permits, trailer park fees, The governor added that a total ry schools in the county and also The details should be mailed to the Editor, P.O. Box 7438, 00200, bus park fees, cess, market fees of Ksh3.1billion has been allocated employ one teacher per school. Nairobi, Kenya. Telephone 020-601776, 020-3572365. You can also and user fees among others,” said to facilitate the mechanization of We shall also provide educational e­mail us at [email protected] or [email protected]. Ojaamong. agriculture at all Sub-Counties, es- support to the tune of Ksh100mil- He said in order to achieve the tablishment of information desks lion for the county,” said the gov- NOTE: All payments should be made through cheques, payable to: expectation in revenue collection, in all Sub-Counties, Fish Feed ernor, adding that all vocational Institute for Civic Affairs and Development (ICAD). the County Government will seek Formulation plants in Butula and training centres will be equipped. The Link, June 2013 24 DEVELOPMENT unveils the county executive committee By PETER MUTUKU with Rural Electrification Authority and has been the major player in getting ru- THE Machakos County Governor Dr. ral electrification project funds allocated has unveiled members of to Machakos County. He will help the the Executive Committee in accordance county utilize the land as a resource, re- with the provisions of the County Gov- solve land problems and ensure Macha- ernment Act (Section 30). kos County is a “green” county with The Governor says the nominees are abundant electrical power. drawn from all the eight constituencies George Luka Kioko from Matungu- that make up Machakos County and are lu Constituency was appointed to head above the Constitutional threshold on the Department of Transport, Roads, gender balance. Public Works and Housing. Kioko has a He says that the County Assembly vast experience in working for both the vetted and approved the nominees who previous local governments and central are currently awaiting gazettement. governments. He holds a Master of So- “I believe that my team will be able cial science in development administra- to galvanise our strengths and work with tion and a BA in Economics speed so as to serve the people of Mach- Naomi Mutie who will represent akos County and make us the most de- both Machakos town and Kathiani Con- veloped county in our region,” he adds. stituencies will oversee the Department He says upon gazettment, the team of Health and Emergency Services. Mu- will embark on the following: tie is a hand-on health profession who (a) Plan and prioritise the monies allo- has worked for the central government’s cated to the County for use in the next Ministry of Public Health and Sanita- two months so as to present it to the tion in various stations. Currently she is County Assembly for approval; the Senior Pulic Health Officer in Athi (b) Set-up structures and prepare the River District and has been in charge of budget for the next financial year; public health officers including doctors (c) Undertake a comprehensive audit and nurses. She understands what needs of the county resources and the over- to be done to fix the problem of health all county situation so as to identify care in Machakos. the quick wins that will bring positive She has a Masters in community changes to the people of Machakos. health and development. (d) The team will assist in the organiza- Eng. Francis Wambua Maliti from Dr. Mutua, Governor of Machakos County. tion of government. will head the De- The Governor at the same time said partment of Water, Irrigation and Sanita- he ventured into business early and is many international fora and will be able ance. She has served in the Brand Kenya that the county had frozen employment tion. Maliti is currently one of the imple- renowned as one of the leading indus- to set-up an efficient devolved structure board, at Kenya Wildlife Institute and is in all departments and agencies, includ- menters of Vision 2030 and is credited trialists in the region. Machakos County up to the village level. the founding Chairperson of the Kenya ing boards unless cleared in writing by with his zeal for policy formulation and will benefit from his ability to attract Ruth Nduku Mutua from Masinga Association of Women in Tourism. She his office. implementation. He has 22 years of ex- both local and international investors Constituency will head the Department has a BA from Nairobi University and “This is to ensure that all appoint- perience in Government and has been to set up factories in every constituency of Education, Youth and Social Wel- Professional Diploma in Tourism and ments in boards and other sectors are successful in negotiating for invest- that are vital in creating employment for fare. Mutua is a community develop- Administration from Utalii College. within the financial ability of the county, ments and project funding from devel- our youth. ment specialist with a Master’s degree Larry Wambua of Kathiani Con- are in conformity with the devolution opment partners. Machakos County will Helena Kiilu from Mavoko Con- in community health and development. stituency will head the Department of laws and in line with an efficient system need a lot of money to realize its water stituency will head the Department of While working in the central govern- Agriculture, Livestock and Cooperative of service delivery,” he explained. agenda and Mr. Maliti is better placed to Decentralized Units, Urban areas and ment, she has been instrumental in de- Development. Wambua is a senior ad- The Deputy Governor Bernard Ki- raise funding and to oversee implemen- Municipalities. Kiilu is one of the most veloping education curricula for health vocate of the High Court of Kenya who ala will head the Department of Public tation of water projects. In addition, he respected pioneer women administra- education, women and youth empower- understands the challenges facing coop- Service, Labour and Information, Com- is trained in industrial engineering. tors in Kenya. Currently serving as ment. erative revival in Machakos County. In munication & Technology (ICT). Dr. Sunil Kumar Dhall has been ap- the County Commissioner in Embu Faith Wathome Kithu of Kathiani addition to his vast legal experience, he Joshua N. Musili from Mwala Con- pointed to head the department of Trade, County, she has vast experience in the Constituency was appointed to head the has a passion for agriculture and under- stituency will be in charge of the Depart- Economic Planning and Industrializa- formation and management of govern- Department of Tourism and Culture. stands the subsidy system that we intend ment of Land, Energy, Environment and tion. Dr. Dhall is one of the most suc- ment departments. She holds an MBA She has over 25 years work experience to apply in order to make Machakos Natural Resources. Musili has served cessful investors in Kenya and the re- in strategic management, a BA in ad- in tourist management and marketing. county food secure. The nominee for in many capacities in Government and gion and understands international and ministration and is currently pursuing She is currently the Director of Market- the department of Finance and Revenue private sector. He is currently a director local trade. A trained Veterinary doctor, a PhD. She has represented Kenya in ing – Africa Women in Tourism Alli- Collection is yet to be named. Kilifi County conducts an inventory of public land By LINK CORRESPONDENT grabbed include a portion of the Kilifi the minister from developing it. for the County, the government has pro- “The huge traffic jam being experi- county commissioner’s residence. The Governor has now issued stern posed to spend Ksh 200 million to put enced at Mariakani weighbridge along KILIFI County government has em- Others include a plot belonging to warning against land grabbers saying up the trucks parking bay to ease traffic the Mombasa- Nairobi highway has be- barked on an exercise that seeks to the ministry of housing which is said that his government will not tolerate jam at the mariakani weighbridge come a subject of concern and we plan map out all public land with a view to to have been irregularly allocated to a such malpractices adding that all irregu- In the estimate budget which was ta- to set up a special parking bay for the exposing irregular allocations ahead of former cabinet minister in the retired larly acquired land will revert back to bled before members of public at Kilifi long distance trucks to ease traffic at the a similar process by the National Land President Mwai Kibaki’s government. the public. County by the interim county secretary weighbridge,” said Mr Kingi. Commission. Controversy has been brewing over Mr Kingi said his office was looking Mr Charles Kisombe, the county gov- The governor said his government The County Governor Mr Amason the plot ownership since last year when for a suitable site to construct offices for ernment will also use another Ksh. 200 will approach Kenya Agriculture Reach Kingi said his government had initiated Kilifi town council protested against the Kilifi county police headquarters. million to construct a modern bus park Institute (KARI) to donate part of its a process to identify irregularly allocated the grabbing of the land by the cabinet He said squatters had settled on the at Mariakani. land at Mariakani for the setup of the plots. “The data generated from the ex- minister. Former chairlady of the local plot which had earlier been identified for The estimate budget report indicated parking bay. ercise will be forwarded to the National authority Mrs Esther Kache claimed the the project adding that an alternative site that the funds to implement the two He said if Kari agrees to surrender Land Commission to pave way for in- land located at a beach at Kilifi creek will be found for their settlement. capital projects will be sourced from the part of its land, then the project will take vestigations to establish circumstances was government property and vowed to Last year the director of lands wrote public works sector off immediately without further delay. under which the land was allocated to protect it from grabbing. to Kilifi OCPD Mr Clement Wangai or- The County Governor Mr Amason The governor expressed concern private developers,” he said. Drama unfolded when the former dering him to stop plans to evict squat- Kingi said trucks have been causing that lack of land poses a big threat to “Most public plots in Kilifi have cabinet minister came out strongly to ters living on the site proposed for the serious traffic jam along the Mombasa proposed development plans in the been irregularly allocated to private defend himself saying he had obtained construction of the offices. Nairobi highway at Mariakani as they County. developers and we are compiling an in- the land legally and that he will continue Meanwhile, Kilifi county govern- queue at the weighbridge. “It is challenging as the County ventory of the same to ensure they revert with his plans to develop it. ment has earmarked Ksh 400 million to Speaking at his office in Kilifi town, does not seem to have any public land back to public use,” said Mr Kingi. But officers in the department of construct a parking bay and a modern Kingi said his government will address to put up development projects in urban According to the governor, some housing came out and protested over the bus park at Mariakani town. the traffic jam menace at the mariakani centers as most of the land is privately of the plots suspected to have been grabbing of the plot and vowed to block According to the estimated budgeted Weigh Bridge. owned,” said Mr Kingi. The Link, June 2013 FARMING 25

Plans to revive Youth group in Kilifi excels in farming coffee in Western By BEKADZO TONDO ness programs in the area. Mr. Chonga said that they later out an assessment of their projects be- In this program they were to em- moved to rabbit rearing with support fore we advanced them the loan,” said Province mooted YOUTH hovering around shopping bark on civic education to sensitize from SACDEP organization. “The Mr Sifa. centres have become a common fea- the community including fellow organisation donated 14 high breed Mr Sifa said the group which is By JOHN NYAMBUNE ture in most villages but the scenario youth against engaging in unprotected rabbits from Thika to jump start the currently repaying the loan has quali- COFFEE farmers in Western is different in Makata village of Kilifi fied for another loan called INNUA sex as they risked contracting HIV/ project,” he explained. Province have embarked on an County. AIDS,” said Mr Mwatsuma. He said after being taught how to loan of Ksh 400,000. Youth in the area have come to- “We realised that HIV/AIDs was a manage the rabbits, most of the mem- The official said there were a initiative that seeks to revamp gether to engage in income generating major risk among the youth within the bers have picked up and doing very number youth groups in Bahari which the once-vibrant sector in the activities as a sure way of wading off productive age bracket and thus em- well in the farming. have managed to improve their liveli- region. crime and drug abuse. barked on civic education programs to Last year, the group received a ma- hoods through loans advanced by the The Kenya Coffee Grow- The youth under the leadership of sensitize our fellow youth and parents jor boost after they managed to secure ministry of youth. ers Association has unveiled a Mr Samuel Mwatsuma have formed against the killer disease,” said Mr a loan of Ksh 50,000 from Youth En- He dismissed claims by some unique initiative that brings on a group which goes by the name of Mwatsuma. terprise Fund. youth in the area that the conditions board schools and individual Sanya youth group. “In 2011 we came The group member later decided According to the Youth officer in attached to the loans were prohibitive. farmers. up with an idea that culminated with to venture into poultry keeping. “We charge of Bahari district Mr William ‘The terms and conditions being The project aims to encour- the formation of Sanya Youth Group,” started by buying chicks locally and Sifa, the group was awarded the funds given to the youth to secure loans are age farmers to start planting cof- said Mr Mwatsuma. rearing them to maturity after which after they were assessed and found to very manageable and I wish to disa- fee, with plans to revive the gi- The chairman later through con- we could sell them,” said Mr Pas- be committed in their development gree with those who claim the require- ant Bukura Coffee Factory also sultation with his fellow members re- cal Chonga who is a member of the projects. ments to access the loans are harsh,” underway. solved to start with HIV/Aids aware- group. “We visited the group and carried said Mr Sifa. In the past farmers earned between Ksh.15-30 per kilo- gramme against the current price of Ksh.30-40. Currently, an estimated 6,900 Lift ban on GMOs, Govt urged hectares of land are under coffee, a decline from past years attrib- By LINK CORRESPONDENT uted to rise in popularity of sug- THE ban on Genetically Modified Or- arcane farming and mismanage- ganisms (GMOs) in Kenya was ill ad- ment of the sector in the country. vised and largely motivated by mem- “Western was a giant many bers of last Parliament. The legislators years ago in coffee farming, but did not consider inviting scientists and years of neglect, poor farming other experts to shed more light on the practices and poor returns for GM foods before imposing a ban on farmers brought the sector to its importation of GMOs. knees. However, we believe we Former Minister for Public Health can revive the sector,” stated Ar- and Sanitation, Beth Mugo, present- nold Andabwa, the chairperson ed concerns about the safety of GM of the association. foods to the cabinet and recommend- Small-scale cultivation of the ed the immediate ban on GM imports crop still goes on in Ikolomani, and products citing a study released Lugari, Kakamega, Bungoma by a French university in September and Busia, but majority of farm- 2012 that linked cancer in rats to the ers sell their produce to Uganda consumption of GM foods. where it fetches better prices. Those pushing for the lifting of the Several primary and secondary ban say that Mugo did not consult the schools in Western have already National Biosafety Authority about been identified in the restoration the proposal or ban. They also argued programme set to commence this that the then Ministry of Higher Edu- month. cation Science and Technology, the “We have sought audience Ministry of Agriculture and the Minis- with many schools and each try of Trade were not consulted before institution will spare at least the Cabinet meeting that resolved to a quarter-acre piece of land to ban the importation of Gm foods grow coffee, which will guaran- Calls to lift the ban are slowly tee returns of about Kshs.40,000 gaining momentum to help prevent every month,” said Andabwa. the shortage and hunger being expe- A worker at Ragati Tea Factory in Nyeri County package tea for sale. Some of the schools that rienced. have been enlisted in the project “GMOs are food like any other KSh 13.6 billion to import the 600,000 the importation and use of GMOs will The ban on GM foods was neces- include Ibinzo, Shimanyiro, and are being used in the developed metric tonnes of maize to boost the na- help reduce the cost of food in the sitated by the findings of a research Eshiriru and Ikonyero primary world including several countries in tional stock and stop the price of key country. carried out by a French professor, schools. Africa except in Kenya and there is staples, including wheat products and Nairobi based US agricultural Gille-Eric Seralini who released a re- Agriculturalists argue that no reason for us to ban their usage,” rice from rising. office has warned that in its current port linking the development of can- the area has ideal conditions for clarifies Gerald Masila, Executive Di- According to the De- form, the ban would prohibit the use cerous tumours in rats to consumption the crop, especially the Ruiru 11 rector at Eastern Africa Grain Council partment of Agriculture markets news of any form of future Corn-Soy Blend of GM maize. variety, and its cultivation could (EAGC). source, one metric tonne of maize was (CSB) food assistance to Kenya from Local stakeholders fighting for help reduce poverty levels in the Masila said the unit cost of pro- retailing at Ksh 22,800($268.50) at America. CBS is a common commod- the lifting of the ban say the study by region. ducing one kilogramme of genetically the world market, which is about 60 ity used for emergency feeding pro- the French professor has been used to Coffee can be intercropped modified maize is much lower than of per cent cheaper compared to the av- grammes to affected countries by US. propagate negative publicity against with other crops such as ground- conventionally grown foodstuff. He erage Ksh 36,000 ($424) for similar “Implications of the ban are signifi- GMOs. nuts, bananas and vegetables. explained that the technology used to quantity in Kenya. cant for Kenya. If the ban is not lifted, “GMOs have been commercial- “You can reap maximum produce GMOs is the same one being The players pushing for the lift- it will further hinder Kenya’s invest- ized for food, feed and planting for benefits from your land when used to make hybrid seeds. ing of the ban on GMOs include ment in GM technology to modern- the last 16 years with no adverse ef- you grow coffee because you Some scientists argue that GM Africa Biotechnology Stakeholders ize its agricultural production, which fects on human and animal health and crops offer a way out of deepening can grow other crops in between Forum, African Agricultural Technol- was already hampered by strict liabil- environment” says Kennedy Oyugi, the trees,” observed Janet Inyan- food insecurity as growing conditions ogy Foundation and the International ity regulations based on its 2009 law. Senior Programmes Officer at African like the weather and water become gala, a farmer. Service for the Acquisition of Agri- Shipments to and through the port of Biotechnology Stakeholders Forum The association also intends compromised by climate change. biotech Applications. Other groups Mombasa, already hampered by GM (ABSF). “A total of 16.7 million farm- Players in the cereals and bulk to partner with the devolved include Biotechnology Trust Africa, rules, will be halted. Kenya will need ers in 29 countries worldwide have governments and the national storage sector are now pushing to Seed Trade Association of Kenya and to source its structural corn deficit (ap- adopted GM crops, so the findings of have the ban on genetically modified government to set up a coffee- the Cereal Millers Association are also proximately 300,000metric tonnes in this two year study go against a long processing firm in Kakamega at foods lifted to pave way for the impor- involved in the endeavour. 2011) from only non-GM producers,” history of safety and high uptake rates tation of about 600,000 metric tonnes Jua Kali estate. The lobbyists say that genetically explains the US agricultural office in of GM crops,” Oyugi added. “Coffee Board of Kenya and of maize. This is to plug a deficit re- modified maize will save the Exchequer a report titled: Kenya Bans Imports of According to the ABSF, a number even the Coffee Foundation sponsible for the rising prices of the about 20 per cent (Sh2.7 billion) of the Genetically Modified Foods. of credible bodies, the European Food Board have shown great interest staple food. money to be used to import the maize. The US body says that the ban un- Safety Authority included and various For this to take place, a motion to The increasing prices are threaten- dermines Kenya legal and regulatory renowned scientists, have reviewed to work with us and we will seek lift the ban must be passed in parlia- ing disastrous consequences for poor system for agricultural biotechnology the study and uniformly criticized its to have devolved and national ment by the same law makers. If it people who spend a large proportion codified in its National Biosafety Act objectives as flawed methodology and governments come on board,” goes through, it would cost Kenya of their income on food. Allowing of 2009. weak research design. stated Andabwa. The Link, June 2013 26 FARMING

By JOSEPH MUKUBWA Fish farmers BIASHARA Sacco Society Ltd Othaya coffee farmers plans to open Embu county branch cry foul over this year at a cost of Ksh 2.6 mil- lion. The members resolved recent- settle for global market meagre ly that there is need to open the rose from Ksh 224 million to Ksh Members can now enjoy real time “Also during the international 7th branch in Mt Kenya region 266 million representing 19 per transactions in all our branches. Co-operative Alliance Day cel- allocations and proposed Embu town as the cent improvement,” he added. Sacco link cards can now be used ebrations, we won awards for pay- appropriate location. Njamuku added that the loan without any hitches,” the chair- ing the highest dividend and in- By BEKADZO TONDO Speaking during this year’s disbursement to members rose man said. terest on member’s deposits- first OVER 400 local fishermen in Kil- Annual General Meeting at from Ksh 252 million to Ksh 322 The Sacco boasts of bagging position and also won a trophy for ifi want the county government to YMCA Hall, Nyeri town, the Sac- million representing a growth of many awards which includes the being Sasra compliant,” he added. allocate enough funds to help im- co chairman Joseph Njamuku said 28 per cent. first prize trophy of the best Sac- The AGM also approved bor- prove the fishing sector. the branch will be of much help “We have improved our ICT co. The Sacco also prides itself rowing power of Ksh 80 million The fishermen lamented that to the local farmers and business infrastructure by installing com- for having scooped the best mi- and also approved the borrowing they could not venture into deep sea community since the county is an munication masts on Nyeri and crofinance award which they were of Ksh 30 million from the Youth and serious fishing activities due to agricultural area. Itiati Hills to enhance inter con- awarded during last year’s Nyeri Enterprise Fund for on lending to lack of modern fishing equipment. In the Sacco’s five- year strate- nectivity with all our branches. ASK show. the youth. Led by Mr Basadiq Swaleh, the gic plan, new branches will be es- fishermen noted with concern that tablished in Meru, Nakuru, Nya- budget estimates did not pay any hururu towns and Nairobi city. attention to the fishing sector. Currently, the Sacco has Mr Swaleh said the sector will branches in Othaya, Nyeri town, only benefit in a pool of resources Karatina, Gakindu, Gatarakwa allocated to the Trade and Industry and Nanyuki. sector. The Sacco has also promised According to the budget esti- to establish a network and partner- mates, Ksh 70 million was allo- ship with the county governments cated towards the Malindi fresh to foster wealth and job creation. produce cold room market and fish “Let us forge ahead in the new market under the Trade and indus- devolved government guided by try sector. our robust policies to achieve Vi- “This is a big joke as the County sion 2030 and Millennium Devel- Government cannot afford to ig- opment Goals,” he added. nore the fishing sector which pro- In the last financial year, the vides livelihood to many people,” share capital rose from Ksh 106.4 said Mr Swaleh. million to Ksh 121.5 million rep- Former chairman of Kilifi cen- resenting 14 per cent growth. tral beach management unit Mr “The net surplus increased Azziz Omar said he had fought from Ksh 15 million in 2011 to to ensure a cold house was put up Ksh 22.75 million in the year un- in Kilifi but said the project stalled der review representing 51 per Biashara Sacco members follow proceedings during this year’s Annual General Meeting held at YMCA hall, due to misunderstandings between cent improvement. Loan portfolio Nyeri town recently.. Photo/Joseph Mukubwa his team and the District fisheries office. Last year, the former Minis- ter for Fisheries Development Mr Migori County benefits from soya processing plant Amason Kingi visited the project By JOHN NYAMBUNE Kenya Soya beans Farmers “With the increase in the de- of 5,000 tonnes leading to imports and demanded the immediate Association (Kesofa) chairman mand for alternative caffeine free to bridge the deficit. transfer of the former District Fish- SOYA farmers in Migori County George Kivandah said the plant is beverages, Soya beans farming “The market here is still im- eries Officer Mr Namwel Onchon- have received a major boost fol- expected to help improve the liv- will be a major game-changer in mense and the farmers will be ga after he allegedly failed to give lowing by the completion of the ing standards of the residents once the county,” Kivandah said. having a ready market waiting a comprehensive report on how the ultra modern soya processing it starts operation. Speaking at the project site, for them. Farmers also need to funds budgeted for the cold house plant in the area. “This plant will also help in former Permanent Secretary in produce more now that there is were spent. The plant which cost Kshs.20 creation of several jobs for youths the Ministry of Industrialisation a processing plant in the region. A local fisherman from Bofa Mr million was initiated by the United once it opens its doors,” Kivandah Cyrus Njiru said the Government Having noticed that Migori Coun- Shida Charo said though many lo- Nations Industrial Development said. and UN had decided to set up the ty has got high Soya production, cal people in the area relied on the Organisation (Unido). The plant has been designed plant owing to the high soya pro- we are now looking at ways of fishing sector for their survival, About 3,000 soya farmers are with capacity to crash 12 metric duction in the county. value addition. The plant will be they were unable reap highly from set to benefit from the plant which tons of soya beans in a month, and He said the annual demand for able to create new products out of the resource due to lack of fishing will help to curb wastage and pro- Kesofa’s first production is to be Soya beans in Kenya is between the crop,” he added. gears. tect them from exploitation by given to the Kenya Red Cross to 150,000 tonnes to 200,000 tonnes, He said the soil in the county Mr Charo said most of the fish- middlemen. help feed children in the county. which is against a local production was ideal for cultivation of the ermen have resorted to using unau- crop and urged more farmers to thorized fishing methods that range venture into it to improve the ar- from the use of local fishing guns ea’s economy. to other crude methods. The PS urged the Ministry of He urged the county govern- Agriculture to fast track a policy ment to assist them with funds to paper on Soya beans, which he purchase better fishing gears and said has been in the pipeline for boats so that they can venture into quite some time. deep sea fishing. He argued that the Govern- “Most of us cannot go into the ment’s delay in formulating the deep sea and fish because we do paper was already causing great not have fishing nets, fishing lines losses to the farmers throughout and even engine boats,” said Mr the country. Charo. “There is absolutely no clear Mr Swaleh said that during the policy on the produce, and as a re- rainy seasons, fishermen are forced sult farmers are unsure of where to out of business because they lack seek advice,” he said. sills and facilities to fish in the rag- Migori Deputy Governor Ma- ing waters. hanga Mwita said the plant do- “Most rainy seasons are regard- nated by Unido would go a long ed as low fishing seasons as the way in improving the lives of the ocean waters get rough and many locals. He assured the PS that his fishermen opt to keep away to save Farmers harvest soya beans in Migori County. Unido has built a factory in the area to processing the crop. administration would ensure the their lives,” said Mr Swaleh. Photo/Correspondnent processing machine is well used. The Link, June 2013 FARMING 27 KTDA set to plant 10 million trees this year By JOSEPH MUKUBWA Speaking when he led the agency have utilized almost 4 million cubic officials in a planting of trees project meters to generate thermal energy. KENYA Tea Development Agency at Muirungi Primary School in Oth- “During the same period, the fac- has embarked on a major tree plant- aya, Nyeri county, the chairman said tories have released 20 million seed- ing initiative to help generate alterna- the KTDA wood fuel development lings to the neigbouring communities tive fuel for processing tea and also programme, which began more than for current and future supply of fire- conserve the environment. 12 years ago is designed to ensure wood,” he added. The 65 KTDA managed facto- that all tea factories have commer- The trees being planted are both ries are expected to plant a total of cially, as well as environmentally exotic and indigenous with exotic 10 million trees per year in a project sustainable sources of wood fuel. trees being used for firewood while aimed at conserving the environment “The factories rely on firewood indigenous is for conservation of en- and addressing climate change. sourced from their own forest plan- vironment. The KTDA chairman Peter Kan- tations and from local communities “The tea farmers will be given yago said with the participation of to meet their tea processing thermal free seedlings in order for them to the local communities, the trees will energy requirements. Almost 99 per plant in their farms so that they can be used both for conservation and to cent of thermal energy requirement help fight frost and help in climate meet their energy needs. in the factories comes from firewood change. We noted that the factories “This initiative seeks to green and other biomass while the remain- might be using more than we are Kenyan’s rural areas by conserv- ing percentage comes from furnace planting,” he said. ing water catchments areas, restor- oil,” he said. The chairman concluded that the ing riparian zones and helping to All the 65 tea factories in the trees would help mitigate the effects country will plant 150,000 tree seed- of extreme weather conditions like mitigate the impact of the climate Members of the community plant trees at Muirungi Primary School in change. This will also increase the lings each in this rainy season. frost and encouraged tea farmers to Othaya, Nyeri County where KTDA chairman announced that the 65 tea forest cover,” said the chairman. In the last five years, the factories plant more trees in their farms. factories will plant 10 million trees this year. Photo/Joseph Mukubwa Genetically modified crops hold key to food security By HENRY OWINO quired safety checks before release. the whole of Africa. and other continents is to increase in- African governments need to set na- South Africa leads the way among Prof Munavu emphasized that spe- vestment in poor farmers, especially tional agricultural policies based on de- AS a continent, Africa has vast natural countries in the African continent to in- cifically, the BecA-ILRI Hub provides a women smallholder farmers. Dr Hen- livering food security through directing resources, from precious metals and troduce genetically modified cotton (Bt common biosciences research platform, nie Groenewad, Executive Manager of public and private investment to where stones to plant, animal and microbial cotton). There are a number of reasons research-related services and capacity Biosafety, South Africa, stated that Bio- it can bring the greatest economic and genetic diversity. In fact, it is known as for this, including the early role of an building and training opportunities. science has a role to play as the people social benefit for the poor. the cradle land of mankind where human interim biosafety regulatory body, the “These activities provide a focal are faced to the challenge of global food The rising economic growth in Af- fossils are found and attracts tourists all formation of an organization, AfricaBio, point for the African scientific communi- insecurity. But it is not magic bullet. rica, and government commitments to year around. which aided information dissemination ty whose aim is to support the activities Dr Groenewad observed that most investment in agriculture, like the Mapu- Yet despite its natural wealth and on GM crops, and finally the fact that of national, regional and international productivity gains in African smallhold- to Declaration, should allow greater in- invaluable contributions to the world’s South Africa is home to many highly so- agencies and staff as they address agri- ings will come from enhanced extension vestment by the public sector, potentially agriculture and global wellbeing, Africa phisticated commercial farmers. cultural problems of the highest priority services, investment for irrigation, low- greater pub-private partnerships for ac- still has 15 of the least developed nations Other countries like Ghana, Nigeria, for alleviating poverty and promoting input crop husbandry such as inter-crop- celerated crop breeding including GM, in the world. Uganda, Tanzania, the GM crops are be- development,” Prof Munavu explained. ping, fairer markets, market information capacity-building and retention of Af- According to the United Nations ing grown or imported and have helped Many interlocking factors are con- through mobile phones and hard and soft rican scientists, coupled with long-term Educational, Scientific and Cultural Or- to reduce food insecurity in the nations. tributing to the threatening food produc- infrastructure from roads to marketing sustainable business investment. ganization (UNESCO) Science Report Among the five countries making the tion and tightening food markets in the boards. An example of this is the current 2010, Africa represents only 2.2 per cent East Africa Community (EAC), Kenya long term. Some of these factors include; “This is where the bulk of the invest- strategic plan of West and Central Af- of the world’s researchers. Of this, sub- officially banned any imports of GM climate change impacts, absurd biofuel ment must go to enhance food security. rican Countries (CORAF/WECARD) Saharan Africa (excluding South Africa) food and its products for human and policies, rising oil prices, dietary upgrad- But increased productivity also depends which identifies food security as the represents only 0.6 per cent. livestock consumption. Kenya Scientists ing, land grabs, speculations in com- on improved seed and better varieties of priority and sets out a research agenda Scientific advisors say that the era however, said this was ill advised since modity markets and population growth staple and Africa-specific crops such as for staple food crops such as sorghum, of global food insecurity is real and un- it was politically motivated other than at 7billion expected to be 9billion by cassava, banana, sweet potato among maize, rice and cassava alongside export less radical action is taken, the number scientifically driven. 2050. other crops, produced by marker-assist- crops like cotton and cocoa. of poor and hungry people would rise. Prof James Ochanda, Kenyan sci- These factors are not only driving ed conventional breeding, vegetative There is also a need for international There is relative rising of food prices entist said: “The ban on imports of GM food price increases but also creating propagation and, where appropriate, community support to help achieve the and price vitality and the need to involve foods in Kenya was ill advised by legis- price vitality. One key solution to this GM technologies,” Dr Groenewald ex- promise of large productivity gains in science in growing fast maturing crops. lators in the tenth Parliament since they threat of worsening hunger in Africa plained. smallholder agriculture to Africans. Genetically modified (GM) crops never involved scientists for input. But have delivered substantial agronomic, en- as country’s law makers, they succeed- vironmental, health and social benefits to ed in misleading Kenyans. The truth is # society at large but the rate of GM growth that GM food does not cause cancer as The SUBSCRIPTION FORM in Africa is low, even though it is a conti- claimed”. nent faced with food insecurity. The rate Despite these challenges, the excit- of growth of GM crops is even lower in ing journey to build Africa’s science LinkEnhancing governance for all Europe but does not presently face a com- capacity has begun. A wide range of parable food security challenge. programmes are under way to build and Genetic modification simply enables strengthen Africa’s agricultural research the transfer of genes artificially from one for development, establishment and hu- Please accept my/our subscription to The Link for the period of ...... months organism to another for a specific pur- man capacity. pose. For instance; increased yield and The Bioscience Eastern and Central dating from ...... to...... nutritional value, fast maturity, protec- Africa-International Livestock Research tion against pests and diseases, survival Institute Hub (BecA-ILRI-Hub) is one I/We …………………….………………...………………… of P.O. Box...... ….…...... …… in hostile environments among others of many such initiatives. It is a leading reasons. biosciences research and capacity-build- Code ……...…… Town …...... ….…..….…Tel No.…….……...... …. Street ...... In this way the hereditary material ing centre for Africa. It is based in Nai- (genes) can be moved to or from unrelat- robi, Kenya and its mission is to improve Building ...... Floor ...... Room No ...... Mobile ...... …… ed species in a controlled and predictable the livelihoods of resource-poor people manner that supplements and extends in Africa through the development and Email: ……...... have paid Kshs...... the normal process of plant breeding. use of new biosciences technologies. Currently the following GM crops have Prof Raphael Munavu, chair- (Attached, please find money order No ...... been commercialized; maize, soya bean, man Kenya National Academy of cotton, canola (rape), squash, papaya, Sciences(KNAS) said all activities at the Please send me ……...... ………....………..copies per issue every month. sugar beet, tomato, sweet pepper and al- institute, are focused on developing and falfa. They are primarily grown in North producing technologies that help poor Signature and /or stamp of client/:...... …...… Date ...... and South America, South and East Asia. farmers to improve their productivity Science academies in the world over, and income to secure their assets and in- Back issues No/Months: ...... government studies, United Nations crease their market opportunities. agencies and religious bodies have not The BecA-ILRI Hub serves 18 Fill in this form and attach a postal money order of Kshs. 660 and post back to:- found any new risks associated with ge- countries of Eastern and Central Africa netically modified (GM) crops. In fact, and while keeping a focus on its man- Institute for Civic Affairs and Development none of them used for human food or date in the region, it is responding to the P.O. Box 7438 - 00200 Nairobi animal feed has ever undergone the re- growing demand for its services across The Link, June 2013 28 REGIONAL NEWS Victims of brutal attacks in Busia, Bungoma demand compensation By LUKE KAPCHANGA ers. However, a close scrutiny of the to government and the public they serve Police leadership is not a desk job man rights Law not only to uphold in- amount is question, points to the value and policing activities are subject to judi- but the commander is supposed to be in dividual rights to life but also to protect FAMILIES of more than twenty people the government has put on these Ken- cial and legal supervision. close contact with the realities of opera- the enjoyment of that right. The Deputy killed in Bungoma and Busia have asked yans. Article 3 on the Universal Decla- Fundamental principles in policing tional policing, the feelings and concerns President William Ruto pronouncements the government to compensate them. ration of Human Rights (UDHR), says include respect for, and obedience to the of the community they serve and those in Bungoma and Mandera points to one The widespread and systematic kill- everyone has the right to life, liberty and law, respect for inherent dignity of hu- they command. direction- inadequate response by the ings, which took almost three weeks to the security of persons. From a human man person, which is respect for human There is also established and en- police in contain the violence. be contained, speak of one thing- gov- rights angle, the basic function of the rights. Essential principles are that law forced strict guidelines for record keep- Frenchman Jean Bodin once said ernment failure in preventing and detect- government is to maintain peace and se- enforcement officials shall at all times ing and reporting on the activities of that in a democracy, there is always ing crime. Thus the government has a curity within its borders. fulfill the duty imposed on them by law, the community they serve. With the chronic disorder with less real liberty. duty and responsibility to compensate Article 245 of the constitution estab- by serving the community and protect- Bungoma killings, the gangs raided Are Kenyans supposed to believe the affected families in all ways possible. lishes the National police force whose ing against illegal acts, consistent with homes and attacked the people using that without directives from the deputy Recently, President Uhuru Keny- overall command is exercised by the high degree of responsibility. sharp objects. The attackers were oper- president, police reinforcement cannot atta held a meeting with security chiefs inspector general. Police are one of the The United Nations General Assem- ated in groups of 10 to 15, armed with be done, more vehicles cannot be de- and pledged to support the police to en- means by which government fulfills this bly resolution 34/164 of 17 December axes, machetes, spears and other crude ployed to crime prone areas and report- force law and order. The president was function as law enforcement is signifi- 1979 on the code of conduct for law weapons. The attackers displayed the ing mechanism cannot be perfect. quoted, “We will ensure police officers cant organ of government. enforcement officials states that, “Every height of impunity as the police force The killings in Bungoma display the are sufficiently facilitated to enable them Another basic function of govern- law enforcement agency should be rep- came under sharp focus. hallmark of crimes against humanity. perform their duties effectively and in a ment is to ensure that it meets its obliga- resentative of and responsive and ac- Bungoma Businessman Timothy According to Article 7 (1)(a) of the dignified manner”. tion under International Law to promote countable to the community as a whole”. Nyongesa was killed during a 30 minute Rome Statute on crimes against human- He did not mention in regard to the and protect the human rights of the peo- The code of conduct demands that raid at his home which is almost a kilo ity, the elements of crime are that the families who lost their loved ones dur- ple within its jurisdiction. police are to be commended and man- meter away from the regional police perpetrator killed one or more persons, ing the horrific attacks. The inspector In policing, the promotion and pro- aged in accordance with the principle headquarters. The government has to the attack was widespread or systematic general of Police David Kimaiyo on his tection of human rights requires close of responsibility. Hence they are to be give answers to relatives of those killed against a civilian population. part promised a bounty of Ksh. 100,000 attention to be paid to detail aspects of held personally responsible under law by the gangsters or maimed and nurs- In Bungoma and Busia, 17 people for information leading to the arrest of command, management and administra- for their own acts or omissions, as their ing injuries. Because the government lost their lives in senseless, widespread members of the gang terrorizing villag- tion of the police. Police are accountable function is to prevent and detect crimes. has a duty under the International Hu- and systematic attacks. China opens its market to Kenyan tea Machakos By JOSEPH MUKUBWA County plans KENYA is now exploring to ex- port its tea to China to set up a Kenya Tea Development Agen- cy (KTDA) national chairman forensic lab Peter Kanyago disclosed recently that tea farmers from this country By PETER MUTUKU are likely to benefit if China starts MACHAKOS County has ear- buying tea from the country. marked Ksh100 million to aid in the Kanyago said the agency with establishment of a modern forensic support from the Government is laboratory. exploring China market which has The lab which is the first of its the biggest population in the world kind in Kenya will help in the fight of 1.2 billion people. against crime. Speaking in Nyeri town, Kan- “We have decided to come up yago said that tea farmers in the with this ambitious project to ensure country are slated for a brighter fu- speedy investigations of crime and ture after a Chinese delegation met charge culprits in the shortest time with President Kenyatta recently. possible,” said the County Governor “We are exploring this new Dr Alfred Mutua. market and if we succeed, the de- Dr Mutua spoke outside his mand for Kenya tea will be very Machakos office after meeting with high. This is a big market which the Director of Public Prosecutions (DPP) Keriako Tobiko. Machakos needs more supply. The local tea County Commissioner Ann Gakuria farmers must now increase tea and senior officials from the DPP’s production for export,” he said. A tea farm at Njigari area in Othaya, Nyeri County. Inset: The KTDA National chairman Peter Kanyago. office accompanied him. At the same time, he revealed Photo/Joseph Mukubwa He said he would work closely that scissors will be introduced to with the DPP in setting up the foren- facilitate in the plucking of tea. remarkable success following the leaves and a bud,” he added. Kilogramme leaving the farmers sic unit and an investigations centre The chairman said due to lack introduction of the scissors. Kanyago said most of the tea with nothing. He also urged the to boost security. He said his county of labour in the tea plucking areas, “The country of Malawi has has been rotting in farms in Kenya tea farmers to spend wisely their government would strive to boost scissors will be introduced in the been able to use the scissors since due to lack of workers to pluck recently released mini bonus. The security to attract more investors. country to avoid wastage. labour has been a major challenge. tea and the only few ones avail- farmers were paid Ksh 5 per Kilo- He urged the national Govern- He said Malawi has registered The scissors will still pluck two able charge as high as Ksh 10 per gramme of tea. ment to make Machakos a pilot county on security and prosecution matters. Poor and slow crime investiga- tions have led to many prosecutions GBV threatens family unit in Kisii County failing the test of the courts. Mr To- biko welcomed the proposed foren- By LINK CORRESPONDENT The Officer, accompanied by her women, stated Mokua was primitive Muslim women were limited due to sic laboratory, saying it would help Assistant, Yvonne Godia observed that and against the constitution and chal- strict religious doctrines and beliefs and in the fight against crime and ensure A NON-GOVERNMENTAL Organi- cases of Female Genital Mutilation lenged perpetrators to embrace dialogue challenged the church’s leaders to give faster prosecution. zation (NGO) has called on leaders (FGM) were rampant in some commu- in resolving family conflicts, stressing women more freedom to comply with The DPP lamented the country and human rights activists in Kisii and nities, under the guise of preserving and violence has never solved any problem. the constitution. lacked well equipped forensic facili- Nyamira counties to sensitize communi- promoting the communities’ cultural Mokua noted GBV retarded develop- Muslim women, noted Gisiora were ties, a fact he said has led to many ties in the area on the need to denounce values. ment as children and women suffered ignorant of their rights, stressing it had unresolved crime cases, including Gender Based Violence (GBV) which She at the same time said that vio- physically and psychologically and hampered their effective participation high profile murders. mainly targeted vulnerable groups in the lence in some cases targeted elderly were scattered, noting that children be- in the country’s social and economic Earlier, while closing a two-day society. women who are branded witches and come disoriented and performed dis- development. workshop for senior police officers A programme’s officer with the lynched, stressing that perpetrators mally in schools. She urged civil society organiza- and prosecutors, Tobiko said the Di- Coalition on Violence Against Women should be charged with the killings. “ Women are forced to flee their tions to sensitize them on their rights rectorate of Public Prosecutions had (COVAW), Josephine Mwatibo says “ Suspects should be arrested and marital homes to escape from their vio- so that they can enjoy the fruits of the started decentralising its services in GBV was to blame for broken families taken to court. Lynching is not a so- lent husbands,” noted Mokua. constitution. line with the new dispensation. Tobiko said the department has which subjected women and children to lution. It worsens the matter,” stated He urged church leaders and coun- Lutheran Outreach Organization unending agony. Mwatibo, adding that the practice was selors to sensitize couples on conflict so far opened prosecution offices in Director, Steven Obiri said violence 29 of the 47 counties. “We did this Mwatibo, who addressed a three- retrogressive and should be discarded. resolution mechanisms to help reduce against women was perpetuated by to move our services to the coun- day workshop on violence against wom- Borabu District Peace committee GBV at the family level, noting that women who condoned it. ties and ensure smooth and effective en and peace at Sameta Lodge hotel, Chairman, Rev. Arita Mokua asserted civil society organizations should also Obiri noted majority of the battered service delivery,” he said Gucha district, Kisii County noted that violence against women was perpetrat- include conflict resolution programs in women were unwilling to condemn the Machakos County is set take women bear the brunt of domestic vio- ed by ignorant men keen on displaying their activities to assist families. vice or take violators of their rights to a leap in the fight against crime by lence and suffered silently for the sake their masculinity. Zura Gisiora, Nubian Women Mus- task, thus giving their husbands the lee- establishing a modern forensic labo- of their children. Domestic violence directed at lim chairperson noted the rights of way to abuse them with impunity. ratory. The Link, June 2013 29 REGIONAL NEWS

In 2012 for example, Kenya’s ex- port to the EU were valued at Ksh42 Kandie’s role in the export billion (€388 million) while EU ex- ports to Kenya were Kdh51 billion (€491 million). Kenya exports to the US were valued at Ksh33.6 billion market remains key to its growth (US$387 million) while US exports to Kenya were Ksh50 billion (US$580 By MALACHI MOTANO tion as the most attractive destination effort to have a significant pie of inter- shows a largely static curve over the million). for foreign domestic investment with national trade. As a result, the country last 20 years. In 1990, exports were In 2011 numbers of value of inter- PHYLLIS Kandie, the newly appoint- Uganda, and Tanzania taking the first consistently has poor balance of trade 25.7 per cent of the GDP, 2000 it was ed Cabinet Secretary for East Africa national trade indicate that although and second positions respectively. with most of its trading partners. 21.6 per cent, and 2010 it was 25.2 per China is the first imports market for Affairs, Commerce and Tourism holds Countries like Rwanda and South Su- A look at the value of Kenya’s ex- cent. the most crucial docket that would Kenya, it is the 23 market for Kenyan dan are speedily picking up and it is ports gives the impression of growth. On relations with its various trad- exports. In terms of value, China’s ex- promote development in the country. just a matter of time. The downside however is while ing partners, Kenya comes at a signifi- This is going to be the most difficult ports to Kenya were valued at Ksh249 But it is in international trade value indicates growth; the country’s cant disadvantage compared with its billion (US$2.8 billion). This is a two job for Kandie because the entire gov- where Kandie is expected to face a Gross Domestic Product (GDP) has three key trading partners which are; ernment’s plan depends largely on her and a half times higher than 2008 formidable task. For Kenya has in the also been growing. A measure of the European Union (EU), United States when the value was Ksh79 billion docket. past not invested aggressively in its exports as a percentage of the GDP of America (USA) and China. Largely, her ministry will deter- (US$909 million). mine how people create wealth and On the other hand, Kenya exports get jobs considering many youths are to China remained low in 2011 at unemployed. The Cabinet Secretary Ksh4.6 billion (US$52 million). Yet is also responsible for attracting the this is almost double the value of 2008 massive investments required to raise when Kenya exports were valued at the economic growth by double digits Ksh2.5 billion (US$29 million). as promised by the Jubilee during the The only place where Kenya en- campaigns. joys an advantage is in the sub-Saha- Unfortunately, she is starting her ran Africa but in which place its trade job at a disadvantage. At the domes- outflows are largely within the East tic level, manufacturing has almost Africa Community (EAC). But even stagnated owing to the difficult op- there, it is facing significant challeng- erating environment. While transport es. Its biggest export market, Uganda and communication infrastructure has recently discovered oil and is mulling drastically changed for the better, en- plans to construct a refinery. Instruc- ergy provision has remained largely tively, a bigger percentage of Kenya’s unreliable making Kenya uncompeti- export products to Uganda are oil tive. products. This therefore means that In fact, although there have been once Uganda oil begins running from reports of business setting up regional Lake Albert wells, Kenya will lose a offices in the country, these are largely major oil products export market. marketing outfits that have minimal It will be interesting to watch how effects on the various value chains Kandie combines and utilises the re- they operate in. In the breath, there sources allocated to her ministry, taps have been reports of major production the emerging opportunities in the in- and agricultural outfits moving their ternational trade to improve both do- operations from Kenya to Ethiopia mestic and international trade. Only where energy is more reliable. At the time would tell if she would success- fully manage this docket. same time, Kenya has lost its posi- Ms. Kandie during the swearing in as Cabinet Secretary for East Africa Affairs, Commerce and Tourism.

By LINK CORRESPONDENT and at the county level and docu- ment their view to assess the extent THE Transition to Devolved gov- Transition Authority on the spot to which the Transition Authority ernment Act, 2012 establishes the bill. According to the coordinator, of the Provincial Administration empowers the Transition Author- is responsive to the real needs of Transition Authority to facilitate the bill proposes administrative and other public officers to ensure ity to make recommendations for citizens and not merely using select the transition. The Act demands units that conflict with the County that the functions provided by the the distribution of assets to the na- public engagement to rubberstamp that the Transition Authority per- Government Act, 2012 and the bill Provincial Administration are ef- tional and county governments,” boardroom decisions designed un- form its functions subject to the ignores provisions for shared serv- fectively transferred to the county he explains. He expressed concern dermine devolution in Kenya. Constitution, and be accountable ices under the County Government governments. We reiterate that all that the Transition Authority has not The Transition to Devolved to the people of Kenya and ensure Act, 118,119. public staff must be fairly and trans- raised any objection to the uncon- Government Act provides a morato- public participation in the process. Other areas of concern include parently realigned and redeployed stitutional and illegal action of the rium on all public assets. There are The Constitution of Kenya equally the fact that the bill ignores the func- in a manner consistent with the Ministry of Health. provisions for exception to the mor- provides the involvement of people tional assignment process which Constitution of Kenya, 2012” she “We are forced yet again to atorium. The Transition Authority into the process of policy making should generate sectoral policies adds. speculate if the Transition Author- is required to provide a mechanism and accountability for administra- reorganising national government. Samuel Kimeu, the Executive ity is complicit in the scheme to for scrutiny of public assets and is tive acts. County Government Act, 2012 sec- Director Transparency International undermine county governments be- empowered to reverse any irregular However, the civil society has tion 20(2b) delegates state functions Kenya points out that the Ministry fore they have commenced opera- transfer of assets. The Transition concerns which they feel threaten to to the governor but the bill directly of Health has reclassified health in- tions by forcing them to depend on Authority has thus far not provided derail the transition process. Among conflicts with this section. stitutions contrary to constitutional national government facilities. It is public information on the status of them include the National Govern- Intergovernmental relations are provisions and public interest. “The unconstitutional and we demand a implementation of the moratorium. ment Service Delivery Coordina- assigned to summit, council and Ministry of Health reclassified a statement by the Ministry of Health It has not provided mechanisms tion Bill which they feel is uncon- intergovernmental bodies under the number of health facilities as refer- on the status and rationale behind through which citizens can engage stitutional. Wanjiru Gikonyo who Public Finance Management Act, ral hospitals last year. It has come the reclassification of health facili- in the process. is the national coordinator of The 2012. The bill seeks to usurp this to our attention that the Ministry ties and equally demand a statement Assets’ stripping is rumored to Institute for Social Accountability role. of Health has taken a decision to from the Transition Authority who be in high gear. The media has re- (TISA) laments that the Office of The bill ignores the provision for reclassify public hospitals into re- should be guided by the spirit of the ported cases of local authorities the President has drafted the Na- transfer of functions which may be ferral hospitals. The Constitution constitution and not political expe- seeking to sell off assets to pay off tional Government Service Deliv- provided in sectoral policies to be of Kenya in the fourth schedule diency,” he says. debts to statutory institutions such ery Coordination Bill and is actively determined through the functional assigns county governments the re- Whereas the Transition Author- as the NSSF and NHIF without first lobbying for its adoption. assignment process. The bill masks sponsibility for all health services ity has commenced operations and justifying how statutory deductions She says the bill ignores the fun- national government’s reluctance to expect those of referral hospitals is in high gear in their execution, it were applied. damental question of how national comprehensively address the rea- which is preserved for the national is doing so without the constitution- “We request the Transition Au- government will restructure its min- lignment of staff and sets the stage government,” he adds. ally required public participation. thority to provide a statement on istries. “While the bill should spe- of legal challenge and direct con- To date Kenya has had one re- The Transition Authority has failed the status of public assets audit and cifically address that issue, its title is flicts if enacted. Given the abject ferral hospital (Kenyatta National to be accountable to the public by inventories. We ask what provisions misleading as its sole purpose is to unconstitutionality of the bill, she Hospital). providing piecemeal information, to they have made for public verifica- restructure the Provincial Adminis- says that the Transition Authority “It is therefore in bad faith that different public actors. The Transi- tion of the same. We ask them to tration and not establish the national should state their position on the the ministry seeks to reclassify tion Authority’s chosen strategy of provide full public disclosure on service delivery framework,” she fate of the Provincial Administra- health facilities in the favour of na- engagement appears designed to this very critical subject; otherwise explains. tion. tional government to the detriment avoid difficult questions regarding we shall hold them very account- She notes that there is no pub- “We also ask the chair to explain of county governments. We note the transition. able and answerable in the event lic participation in the preparation what process the Transition Author- that section 8 of the transition To He urged the Authority to organ- that county assets are looted,” he process or in the operations of the ity has instituted to address the fate Devolved Government Act, 2012 ise public forums both nationally affirms. The Link, June 2013 30 REGIONAL NEWS Public urged to take VCT test for early diagnosis Residents urge By HENRY OWINO are more than 5,700 VCT sites spread tionally. ther infections include; prevention vetting board to countrywide which have raised the According to the Kenya Demo- of mother to child transmissions THE public has been urged to go for levels of adults ever tested from 36 graphics Health Survey (KDHS), (PMTCT), with over 97 percent of all widen its scope HIV and Aids testing at any voluntary percent in 2007 to 73.3 percent in HIV prevalence stands at 6.2 percent, pregnant women being tested during By BOB OMBATI and counseling test (VCT) centre to 2012. This therefore means no excuse with 1.2 million people reported to antenatal care. This was made manda- enable them know their status and ac- whatsoever for anyone not wanting to be undergoing various HIV and Aids tory for pregnant women visiting clin- RESIDENTS of Kisii County wants cess treatment. be tested unless for fear of stigma. therapies. An estimated 610,000 of the ics during their maternal healthcare. the Judges and Magistrates Vetting Speaking during the opening a “Universal access to treatment will entire infected population are on life Ninety percent of those who test Board to vet other junior officers in two-day HIV Testing and Counseling require universal access to knowledge saving Anti Retroviral (ARVs) drugs. positive are normally provided with the judiciary to help get rid of cor- Symposium in Nairobi, Mary Ngari, of correct HIV status; this is only Ngari regretted the low number ARVs drugs to protect the unborn ba- rupt individuals. Health Permanent Secretary said possible through regular testing and on ARVs drugs and appealed for sup- bies. The move has led to the reduc- The locals who presented their the move will enable those infected counseling that should be sustained at port from donors and other well wish- tion of transmission among the group views to the Board at the Gusii to immediately embark on care and population levels through mass cam- ers to chip in to enable other eligible from 28 percent in 2005, to 8.5 per- County Council hall said some court treatment. She further said the gov- paigns and routine service delivery, citizens to join the programme. “This cent in 2012. clerks connived with lawyers to ernment will strengthen existing HIV Ngari encouraged. intervention has prevented 240,000 This has prevented infant deaths frustrate litigants and defeat justice. testing strategies to embrace the de- She challenged County Health Co- new infections and saved 340,000 from a high of 60,000 to 24,000. Philip Ndubi, a resident told the volved system of governance, while ordinators to ensure HIV policies and people from deaths since 2000,” she Ngari commended the move, saying Board led by Commissioner Justus expanding to other options that will guidelines are implemented so that the disclosed. measures have been put in place to be informed by emerging scientific Ministry of Health can begin to see a Among other measures the health further lower the current percentage Munyithya that some Clerks hid evidence. reversal of the trends of infections na- sector has employed to reduce fur- to five by the year 2018. court files and used delaying tactics “I urge counties to scale up HIV to derail the dispensation of justice. prevention activities and prioritize on He claimed some clerks openly HIV testing and counseling as it is the demanded for bribes in order to trace gateway to all HIV prevention and files for the complainants. treatment services,” Ngari urged. Ndubi lauded the on-going re- Ngari note that testing people for forms in the judiciary, stating that HIV, popularly referred as VCT (Vol- senior court officers were embracing untary Counseling and Testing), was reforms but their juniors were ret- introduced in Kenya in 2001. It has rogressing since they had not been been well accepted, with an estimated subjected to vetting. six million people accessing the serv- Munyithya stated the Board’s ices annually. She urged the public to mandate was limited to the profes- ignore stigma and take courage to be sional conduct of the Magistrates tested and if found positive to start and how they handled cases, stress- early treatment for those found nega- ing there were other bodies tasked tive to watch on their behaviors. with addressing various judicial is- “Though the services are offered sues and court officers. free of charge, the health workers The Commissioner, flanked by undertaking the mind-boggling task have occasionally lamented at the board members Meuledi Iseme, the slow uptake amongst various popula- Board’s Secretary and Chief Execu- tion segments,” she said. tive Officers, Reuben Chirchir and Some people have declined to ac- counsels, Jackline Manani Jaramba cess the services, citing lack of profes- Gichuki said the Judicial Service sionalism among service providers. Commission, Advocates complaints To address the gap, Ngari sought to Commission and the Law society of assure the public that skilled manpow- Kenya could address issues beyond er will be enhanced; a move she said the vetting mandate. “We gathering will help uphold high standards. your views on the performance of Today it is estimated that there HIV seminar. The public has been urged to visit VCT centres to know their status. Photo/File Turn to Page 31 Concerns on effective transition to devolved government By MALACHI MOTANO lated guidelines to inform the crucial budgeting process resulting in a delay resources, and creates parallel struc- Commission for the Implementation functional assignment process. The of the Division of Revenue Bill for tures. The CDF Act, 2013 on the other of the Constitution, a transition plan THE Constitution of Kenya establish- output of this process was to have 2013-14 due to a lack of costing in- hand violates the functional distinct- and progress reports. es devolved government. Schedule 6 informed the division of revenue bill formation. ness of County Governments, disre- The lobby groups adds that the Part 4 provides for the phased transfer 2012-13 and 2013-14. The process The delay also has a knock-on ef- spects Article 202(2) of the Constitu- Transition Authority should avail the of functions to County Governments. was to produce Transition Imple- fect on sectoral policy realignment tion on sharing of revenue, violates functional assignment reports, sec- Article 15 states that national govern- mentation Plans (TIPs) to guide the with dire implications for county the principle of separation of powers toral policy reports, classification of ment shall facilitate the devolution of new county governments as they take takeover of services. Unless urgently and is inconsistent with the county urban areas report, asset and liability power, support county governments up county functions, and to have in- addressed, most county governments legislation and structures, in among assessments report, human resource and assist them in building their ca- formed sectoral policy and county ca- are unlikely to meet the constitutional other things its planning framework,” realignment plans, infrastructure and pacity, and establish criteria that must pacities. These would in turn form the and legislative criteria for the transfer reads the letter in part. staff audits report and any other rel- be met prior to the transfer of func- basis for the transfer of functions to of functions in July 2013 contrary to a Article 174 (c) of the Constitution evant report for public review. tions. enable county governments meet the statement published by the Transition gives powers of self-governance to TISA at the same time calls on the The Transition to Devolved Gov- criteria for the takeover of functions. Authority to this effect. the people and seeks to enhance par- Office of the President to liaise with ernment Act, 2012 Section 24 pro- However, majority of the outputs Another area of concern is the un- ticipation of the people in the exercise Parliament to repeal the National vides the criteria for the transfer of anticipated in phase one of the tran- certainty that surrounds the audit and of powers of the State and in making Government Coordination Act, 2013 functions. This Act identifies two sition process have not been realised assessment processes. The assessment decisions affecting them. and provide alternative legislation for phases of the transition; the first phase and this may undermine the ability of assets, liabilities and personnel has Article 232 of the Constitution the national government’s representa- of the transition was to have: of county governments to effectively not been open to the public and it is provides for the involvement of the tion at the county level that complies l Audited and assessed assets and li- take over their functions. not clear if these processes have been people in the process of policy mak- with the Constitution and sectoral abilities of the government and local According to The Institute for So- completed. There is uncertainty re- ing and accountability for administra- service delivery imperatives. Parlia- authorities; cial Accountability (TISA), the delay garding the redeployment of staff, the tive acts. ment should also consider the possi- l Audited and assessed government in functional assignment process are rationalisation of national institutions The transition process, especially bility of reviewing the CDF Act, 2013 and local authority infrastructure; likely to derail the transition process. and reclassification of urban areas. the functional assignment process to comply with the Constitution. l Audited and assessed government “Whereas the process commenced Conflicting national legislations has not been open to public input and “We note that failure to review the and local authority staff and provided in November 2012, it has been opaque have compounded the situation. TISA has not met the constitutional require- CDF Act, 2013 expeditiously may re- transfer mechanisms; and the functional assignment reports argues that the National Government ments on public participation. sult in CDF being scrapped entirely l Prepared county profiles; have not been completed or released,” Coordination Act, 2013 and Constitu- To safeguard the process of tran- and deny counties a valuable source l Prepared county budgets for their says the lobby groups in an open letter ency Development Fund (CDF) Act, sition to devolved government, the of development revenue.” first year of operations; to President Uhuru Kenyatta. 2013 are unconstitutional, conflict lobby group is calling for the adoption The lobby underscored the need l Carried out an analysis for func- A recent civil society policy brief with the mandates of county govern- of mechanisms to hasten the process. to safeguard the role of citizens in the tions and competency assignment to entitled “Who is in charge? Devolu- ments, and do not meet the public According to TISA, steps should transition process by ensuring that counties through the unbundling, cost- tion May Fail Without Clear Roles” engagement requirements under the be taken to ensure completion of there is access to information as stipu- ing, assignment of functions process. observes that the failure to conclude Constitution of Kenya. county plans to aid in the implementa- lated in Article 35 of the Constitution. The Transition to Devolved Gov- the functional assignment process “The National Government Co- tion of the transition process. Further, comprehensive civic ernment Act, 2012 establishes the may result in a lack of clarity regard- ordination Act, 2013 violates both Section 16 of the Transition to education on devolved government Transition Authority to facilitate the ing roles and responsibilities between the distinctness of the two levels of Devolved Government Act, 2012 pro- should be rolled out to promote citizen transition process. On November 6, the two levels of government. government and Article 201 of the vides that County Government sub- engagement and social accountability 2012, the Transition Authority circu- This failure has also impacted the constitution on prudent use of public mits to the Transition Authority and in devolved government. The Link, June 2013 REGIONAL NEWS 31

Fifty years later, we’re independent but not free Residents By MUGAMBI KIAI be enjoying the full spectrum of elector- lution in the early post-independent most obvious case of want-incarceration al rights but also the attendant civil and years. The attacks on the devolution – the clamour today of Kenyan legisla- urge vetting ON June 1, Kenya marked 50 years of political rights. As we consider the most chapter of the 2010 constitution suggest tors to apportion to themselves their the declaration of self-rule ahead of the recent Kenyan elections, it is important that it will face a similar struggle for previously shamefully exploitative re- granting of independence on December to ask ourselves whether Kenyans’ elec- survival. muneration packages. board to widen 12, 1963. But do the country’s people toral rights have been vindicated, not Unfortunately, proportional repre- It is not just their raw greed that ran- enjoy full freedom? just this time, but throughout our 50 sentation, which would have been an- kles but also the way they have gone its scope Fifty years later, June 1 still repre- years of existence. other key plank in providing broader about trying to run roughshod of the From Page 30 sents a critical reference point in Ken- Although electoral results always political equity in this kind of milieu, constitutional checks and balances that ya’s historical march towards becoming dominate the headlines, the electoral was not constitutionally provided for. should ordinarily keep things at an even the Magistrates who you feel are a fully independent, democratic devel- process is fundamentally a process that One needs, in addition to electoral keel. First, they threatened to disband not doing their work well,” said opmental state. Fifty years ago, this date replenishes and re-affirms the citizens’ rights, to also consider the enjoyment of the Salaries and Remuneration Com- Munyithya. He told the com- signalled the outer marker as the date for faith in their political system. civil and political rights that give mean- mission that has the constitutional man- plainants to back their allega- the full independence of Kenya closed Despite the Supreme Court of ing to the electoral process. And here, date to set the remuneration of all state tions with evidence, as the board in. And as we seek meaning today Kenya ruling with regard to the recent Kenya has abysmally failed: there has officers, of whom they are part. can summon them to give more around what this date signifies, we need presidential elections, the conduct of been no accounting, for instance, on When this failed to work, they set evidence to avoid sacrificing in- to re-interrogate the question as to why the 2013 electoral process still stands the impact of political and electoral vio- about attempting to undo the gazette no- nocent people. independence was so significant. Here seriously impugned for several reasons: lence in the Coast province. tice that had set their new (and still very The Commissioner noted the are three reasons. among them, we have an indeterminate Today, how can we, for instance, healthy) remuneration packages. Of Board relied on their information Independence represented the mo- voters’ register, a collapsed electronic talk of civil and political rights when course this was in absolute violation of to enhance vetting process, say- ment Kenyans were to transit from voter-registration and results-relaying citizens peacefully protesting the politi- several constitutional provisions includ- ing they could also complement being subjects to the colonial master; system, and a controverted results- cal avarice of their political leadership ing the provision that one cannot make Magistrates who discharge their enslaved by a dehumanising and preda- counting-and-tallying process. are clearly beaten in the process? And is a decision in a matter where they have a duties professionally to motivate tory political and administrative order In this regard, it is clear that the po- the media in Kenya really free given its financial interest. others. that sought to negate and nullify their litical “moving on” that has happened ownership and advertising dynamics? Clearly, the public interest is the fur- Chirchir said the forms could humanity and rapaciously exploit them. represents a postponement of real elec- The dawn of independence was, thirdly, thest consideration in the minds of our This is captured in the language be obtained free of charge from toral grievances rather than their ad- the starting gun for Kenyans’ to craft, political elite. This is just one other illus- the district commissioner’s of- that was used to represent the African. equate settlement: a temporary political devise and implement their own devel- tration of the crippling malaise that has For example, from “vermin” to “black fice, the County Commissioners ceasefire rather than a full breakout of opmental path which would have truly afflicted Kenya’s grand march to devel- and the Law Society of Kenya monkey” to “boy”, the African was not political peace. freed the country from want. opment since independence: corruption, deemed to represent a fully formed and In addition, unfortunately, what we In fact, it was a key call at that mo- patrimony, tribalism, nepotism are other branches nationally, adding that functioning human entity. have seen is a system that favours a win- ment that independence signalled the similar symptoms. So as we celebrate complainants could also access Rather, the African was dehuman- ner-take-all political result; those who beginning of the journey liberating us Kenya’s internal self-government today, them online, fill and send them ised and sub-humanised in a manner have lost seem to have concomitantly from hunger, disease and illiteracy. Fifty let us not delude ourselves. We are inde- to the board. that was instrumental in justifying and lost their political voice and stake. This years later, how free are we from want? pendent but not free. He told the public to be wary enabling his/her flagrant violation and is one of the outcomes that devolution is It seems that rather than being liber- Mugambi Kiai is the Kenya Program of individuals selling the forms abuse. These violations were so egre- supposed to redress. ated from want, Kenya is instead incar- Manager at the Open Society Initiative and urged them to report such gious that, for instance, we are informed But we saw what happened to devo- cerated by it. Look, for instance, at the for Eastern Africa (OSIEA). cases to the police for legal ac- today that the British Government tion to be taken against them. would rather settle out-of-court a claim Chichir said the public must based on them that has been launched demand individual seeking to by veterans of the Mau Mau war of in- gather information against Mag- dependence. istrates to identify themselves. Hence, independence was seen to The CEO assured complain- represent the equalisation of all as hu- ants such information will be man beings; irrespective of their skin colour or any other difference that had treated with confidentiality, add- previously been used to subjugate some. ing that the Board’s verdict is And this should have represented a criti- usually made public and posted cal break from the past so that what we to the website. should be seeing today is the political He allayed fears that Mag- and administrative treatment of all as istrates could victimize com- equals: However, is this what has tran- plainants, noting they could still spired fifty years later? be disciplined by the Judicial Why, if this had been the case, service Commission and other would we need a Truth, Justice and Rec- relevant bodies if they showed onciliation Commission? Why did we vengeful tendencies towards need to promulgate a new constitution their accusers. on August 27, 2010? Why did Kenya Aggrieved members of the take herself to the International Criminal public , stated Iseme could send Court in the first place? short Text Messages ( SMS) to Second, independence was sup- 5834 for ombudsman to address posed to represent democratic progres- their problems against Court of- sion where there would be equality of ficers and they could channel vote; and democratic rights were fully their complains via e-mail: respected and actualised. [email protected] for In this respect, not only should we Kenya attained independence in 1963 and this year 2013 marks 50 years since the first government was action. formed through a majority vote representation in 1963. Brokers collude with employers to exploit workers in Kisii By BOB OMBATI Fund. month by a broker who pocketed Ksh. of the 20 employees, four were paid She said if you were sick, your The official, flanked by fellow -un 4000 without sweat, adding they were by brokers while the rest were paid by monthly salary is deducted even if BROKERS in Kisii town are collud- ionists, Andrew Nyamasege, Kenya investigating the case to take measures the investor. permission had been approved, add- ing with proprietors of supermarkets Union of Commercial Food and Al- to curb it. “It is wrong for a person The workers complained they ing that she was struggling to survive to exploit workers. lied Workers, Richard Ming’ate, Ken- who is supposed to earn Ksh. 6000 were underpaid and overworked, and praying not be sick lest her salary Kisii Branch, Kenya Plantation ya union of Domestic Hotels, Hospi- to share it with a broker who takes adding that they worked for seven is deducted. and Agricultural workers union secre- tals and institutions and Leornard the lion’s share. That is primitive and days, were not given annual leaves The employee claimed a worker tary, Thomas Maroko says employers Ombati Kenya Buildings, Construc- unacceptable in the modern society” and were given 20 minutes for lunch, who fell sick for a week was dis- have been remitting workers salaries tion, Timber and Furniture employees noted Maroko. which, they said was inadequate and missed without benefits and efforts to brokers to avoid paying statutory unions noted the employers gave the Lauding president Uhuru Kenyat- calculated to frustrate them. to seek aid from Labour officers was deductions. employees contracts and terminated ta for increasing workers salaries from They said they had nothing to cel- futile, adding majority had been com- Maroko notes that it is against the them within three months. 13 to 14 percent, he cautioned em- ebrate despite President Kenyatta’s promised. Nyamasege urged inves- Labour laws for the employers to pay An employee who has worked for ployers and brokers against exploit- gesture, adding that employers should tors wanting to invest in the county to their workers through Brokers, whom, three months, stated Maroko is sup- ing the workers, saying it negated the be prevailed upon to pay the work- employ majority of the local people he accuses of exploiting the workers. posed to be employed permanently, spirit of the government’s to increase ers the minimum wages and provide instead of sourcing them from other The unionist, who made the re- stressing the brokers had agreements minimum wages for workers. a conducive environment and clear counties. marks during Labour day celebrations with the employers to terminate their The Trade unionist accused La- terms of service. Kisii county, stated Nyamasege is at Gusii stadium noted that employ- contracts before the three months so bour officers of failing to address the “We have no time to go to church, endowed with massive human and ag- ers engage in the illegal activities to that they can bring other workers to workers plight, claiming, some were wash our clothes or socialize with ricultural resources, noting that inves- avoid remitting statutory Funds to exploit. bribed by the employers to exploit other people. Our employer does not tors should only employ technical ex- bodies like National Social Security He cited a case where a supermar- workers. A survey by the Link in one care,” said an employee who request- perts who are not available locally to Fund and National Hospital Insurance ket attendant was paid Ksh. 2000 per of the supermarkets revealed that out ed anonymity fearing victimization. avoid conflicts with the local people. The Read The Link monthly for issues affecting LinkEnhancing governance for all communities across Kenya The Link, June 2013

cent. In 2010, 49 per cent of the rural Govt set to population compared to 83 per cent of Africa likely to miss out urban residents had access to safe water. Only 23 per cent of rural and 42 per cent equip CDF of urban residents have access to sanita- tion services. funded health Several factors exacerbate the chal- on realization of MDGs lenge of narrowing rural-urban dispari- facilities ties in poverty and access to basic serv- ices. The rural poor migrate to cities in By BEKADZO TONDO search of better paying jobs and basic THE government plan to equip ten amenities. Migrants with basic education health facilities in Kilifi County and good health usually find better pay- ing jobs. For example, in rural Kagera in which have been built with funds Tanzania, consumption increased more sourced from constituency devel- than 120 per cent for migrants but only opment fund and local authority 40 per cent for non-migrants. transfer fund. Since Sub-Saharan Africa’s poor are The outgoing medical officer disproportionately concentrated in rural of health for Bahari and Ganze dis- areas and cannot migrate at once to urban tricts Dr. David Mulewa told The areas to enjoy the benefits of urbaniza- Link in his office that the Ministry tion, the challenge of delivering MDG of Health had registered the health related services is to bridge rural-urban facilities built with devolved funds differentials. Any strategy to attain the in the former Bahari and Ganze MDGs should include increasing rural constituencies. Dr. Mulewa said productivity through the introduction of the facilities had remained unu- new farm technologies and investment in tilized for many years after their the human capital development of rural completion as they had not been residents; removal o land market distor- registered by the ministry of health. tions; improved connectivity with urban “The Ministry of Health has markets and a fostering of nonfarm activ- finally approved about 10 health ity and rural-urban migration. Facilitat- facilities which had remained ing rural to urban migration can also help unutilized for many years as they the rural poor to escape poverty. had not been officially registered The first best policy solution to attain upon completion some years back the MDGs is to equalize services across with funds sourced from CDF and rural and urban areas. But this first best LATF,” said Dr. Mulewa. MHIVAIDS experts share some ideas during the conference in Nairobi recently. Photo/Henry Owino solution may not be financially feasible Dr. Mulewa who has been and it may be necessary for Sub-Sahara transferred to Lamu County to By HENRY OWINO the International Monetary Fund (IMF), In Sub-Saharan Africa, poverty is Africa to set priorities taking into account serve as the County director of and the African Development Bank concentrated in rural areas where 75 per country-specific circumstances when al- medical services said the facilities ANY countries in sub-Sahara (AfDB) to cancel debts totaling to $40 to cent of the poor reside. Unlike other re- locating resources. included Midoina and Ndung- Africa are likely to miss out on $55 billion by members of the Heavily gions where the urban poor are concen- In countries where migration is sig- icha in Ganze constituency and Mthe benchmarks set for the reali- Indebted Poor Countries (HIPC). This trated in smaller towns, in Sub-Saharan nificant, and population density in ru- Mtondia and Mavueni health fa- zation of Millennium Development Goals is to allow impoverished countries to re Africa, the urban poor are concentrated ral areas is low, boosting urbanization cilities in Bahari constituency. (MDGs) by a significant margin at the end channel the resources to social programs in the capital and large cities. Rural areas through better service delivery in large of 2015. This has largely been blamed on The MOH said other health for improving health and education and have lower poverty and better access to cities would make them more attractive, lack of political will, unstable economy, and speed up rural to urban migration. facilities which will soon become for alleviating poverty. basic amenities but disparities between corruption, among other difficulties. Debate on the adoption of MDGs has rural-urban populations are large. Delivering piped services (water and operational include Mrima Wa In a set of 46 countries, the poverty mainly focused on lack of analysis and With accelerated implementation, sanitation) in densely populated areas is Ndege and Kachororoni health fa- profiles of individual countries indicate justification behind the chosen objec- five more countries can reach the pov- more cost effective. cilities in Ganze constituency and varied progress. About 18 countries tives, the difficulty or lack of measure- erty reduction and gender parity targets, According to a global study, on av- Kiwandani dispensary in Bahari have made sufficient progress to reach ments for some of the goals, and uneven and 12 more countries can achieve the erage, the cost of a cubic meter of piped constituency. the MDG targets related with halving ex- progress towards reaching the goals, primary completion target by 2015. Sub water is US$ 0.70-0.08 in dense populat- He said already some medical treme poverty, primary completion and among other criticisms. Although de- Saharan Africa has made at least progress ed areas compared with US$ 2 in sparse- personnel have been deployed to gender parity in primary and secondary veloped countries’ aid for achieving the in achieving the MDGs related with re- ly populated areas. To find better paying the facilities and drugs supplied. education. MDGs has been rising over recent years, ducing infant and maternal mortality, and urban jobs, rural migrants would need “The ministry of health has The MDGs are eight international more than half the aid is towards debt re- access to sanitation. Acceleration can to have basic education and be healthy. already posted some medical per- development goals that were officially lief owed by poor countries, with much help at most 4-5 countries to achieve the Public investment in primary education sonal to many of the health facili- established following the Millennium of the remaining aid money going to- health targets, but can only help Botswa- and health care should be directed to the ties while drugs will be supplied,” Summit of the United Nations in 2000, wards natural disaster relief and military na to reach the sanitation target by 2015. poor in urban and rural areas. This seems said Dr. Mulewa. Dr. Mulewa said in pursuant of the United Nations Mil- aid which do not further development. In 2008, the region had the highest relevant for sparsely populated countries the health facilities will boost the lennium Declaration. All 193 United “Progress towards reaching the goals poverty rates of all regions. At least 46 with low urbanization rates as in Sub- medical service delivery to the Nations member states and at least 23 has been uneven. Some countries have per cent of rural population compared to Saharan Africa. people and urged sick people to international organizations have agreed achieved many of the goals, while oth- 34 per cent of the urban population lived In countries where migration is lim- make use of them. to achieve these goals by the year 2015. ers are yet to realize any meaningful in extreme poverty. For each poor person ited but population density is high, dif- The officer noted that failure The goals are: 1.Eradicating extreme progress. A UN conference in Septem- in an urban area, there were 2.5 as many ferential in poverty and availability of by the local constituency devel- poverty and hunger, 2.Achieving univer- ber 2010 reviewed progress to date and in rural areas. Primary education and its basic services between poorly served opment management committees sal primary education, 3.Promoting gen- concluded with the adoption of a global quality are equally important for reducing rural areas and better served large cit- and the local authorities to consult der equality and empowering women, action plan to achieve the eight anti-pov- poverty. In 2007, only 57 per cent of rural ies are unlikely to shrink sufficiently. them when putting up health fa- 4.Reducing child mortality rates, 5.Im- erty goals by their 2015 target date,” part compared to 75 per cent of urban grade 6 Progress toward the MDGs would be ac- cilities had contributed to the de- proving maternal health, 6.Combating of the report stated. students achieved competency in reading. celerated by delivering services such as lays to open the completed heath HIV/AIDS, malaria, and other diseases, There were also new commitments Only 18 per cent of rural relative to primary education, primary health care, facilities. He said as the technical 7.Ensuring environmental sustainability on women’s and children’s health, and 24 per cent of urban children achieved and piped services (access to safe drink- people, they need to be consulted and 8.Developing a global partnership new initiatives in the worldwide battle competency in mathematics. Urban- ru- ing water and sanitation) where the poor so that they can offer their techni- for development. This information was against poverty, hunger, and disease. ral literacy levels were as high as 40 per are concentrated. cal input to ensure the facilities are released by Global Monitoring Report built to the expected standards. and International Monetary Fund on the Dr. Mulewa noted that some world’s progress towards MDGs as its The Link appreciates the facilitation CDF management committees tenth edition. Each of the goals has specific stated rushed to put up the health fa- targets and dates for achieving those tar- accorded by the Konrad Adenauer cilities for political reasons and gets. To accelerate progress, the G8 Fi- in most cases failed to consult the nance Ministers agreed in June 2005 to Stiftung (KAS) in Kenya. relevant line ministries for techni- provide enough funds to the World Bank, cal advise.

The Link is published Monthly with support from the Konrad Adenauer Stiftung (KAS) in Kenya. P.O. Box 7438 - 00200, Tel 6001274/6001776 Nairobi. Fax 020 6001776 Email: the [email protected].